Judge Clarke (L) and artist’s representation (R)
A three-judge panel in California found misconduct in Judge Edmund Clarke, Jr’s treatment of one or more jurors in a jury pool for a murder trial.
Your challenge: Guess which of the incidents was found to be an abuse of judicial power and authority.
A. Judge Clarke also told a potential juror who wrote that she had only $25 in her checking account that “every one of these lawyers spent more than that on lunch today.” He excused the juror, and after she left, Clarke told everyone in the courtroom how much the juror had in her account. When a second potential juror disclosed he had only $33 in his checking account, Clarke again announced the amount and said that his savings put the other juror “in the shade with that big account.”
B. Judge Clarke reduced another juror to tears reprimanding her after she appeared to change a form to indicate that she did not speak English, which he found incredible. She said had lived in the United States for 25 years. Clarke said,
“Most people that have been in this country for 10 years have picked up enough English. [Twenty] or so, they’re moving right along. And 25 years is—so you better have a different reason why you want to be excused than that.”
After she began weeping loudly because, she said later, she was ashamed because she didn’t speak English, he dismissed her from the panel.
C. Finally, Judge Clarke became annoyed at a juror who had written on her hardship form, “Having Severe Anxiety!!” next to her drawing of a frowny face. “I work as a waitress and make minimum wages, plus I’m planning a wedding in two months and all of these things, especially this courthouse are aggravating my anxiety terribly. On the verge of a meltdown!” Clarke excused her from jury duty, but when she added that the clerk who was checking in potential jurors was “really disrespectful” to everyone, he told the woman that she could stay in the hallway and tell him more at the end of the day. When the dismissed juror insisted that she had to leave, he said,
“No, you’re staying. You’re staying You’re staying on. I’ve been a judge for seven years. No one’s ever complained about my clerk. But I’ll be happy to hear your complaint at the end of the day. So go to the hall and stay and come in, act like an adult and you can face her and tell me everything she did wrong.”
The woman did as she was ordered and apologized to Clarke after waiting for an hour court to be adjourned. The judge asked her how she would have felt if he came to the restaurant where she worked and criticized her in front of everyone, saying,
“If you came here thinking that this was going to be Disneyland and you were getting an E Ticket and have good time, I’m afraid you have no sense of what is going on in this building. Now, seven years ago the first clerk that was assigned to me, she’s still here. The only clerk I’ve ever had. One juror, in all that time, out of thousands, has ever complained about her. That’s you. You can leave now knowing that’s what you accomplished.”
D. All of the above.
Take the poll, and then go to the answers after the jump.
Ethics Alarms 