Judicial Ethics Quiz: The Cranky Judge

Judge Clarke (L) and artist's representation (R)

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 challengeGuess 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.

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Ethics Quote of the Era: Thomas Jefferson and the Continental Congress of 1776

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

—-The Declaration of Independence, authored by Thomas Jefferson, edited, ratified and signed by him,  Button Gwinnett, Lyman Hall, George Walton, William Hooper, Joseph Hewes, John Penn, Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton, John Hancock, Samuel Chase William Paca, Thomas Stone, Charles Carroll, George Wythe, Richard Henry Lee, Benjamin Harrison Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton, Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross, Caesar Rodney, George Read, Thomas McKean, William Floyd, Philip Livingston, Francis Lewis, Lewis Morris, Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark, Josiah Bartlett, William Whipple, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry, Stephen Hopkin,  William Ellery, Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott
Matthew Thornton.

Ethics Heroes all.

Thank you, guys.

(You can read the entire document that changed the world…undeniably for the better…here.)

Premature Ethics Alarm on Obama’s Judicial Appointment

Republicans are sounding an ethics alarm tonight.

“Obama Now Selling Judgeships for Health Care Votes? shouts the Weekly Standard website, and it’s clear The Standard thinks it knows the answer. After all, as the President was meeting with ten House Democrats who voted against the health care bill in November,  the White House sent out a press release announcing that Obama had nominated Scott M. Matheson, Jr. to the United States Court of Appeals for the Tenth Circuit. And the nominee’s brother,  Rep. Jim Matheson of Utah, is one of the recalcitrant ten.

Hmmmm. Looks shady, no? Continue reading