judicial ethics

Ethics Dunces: 29 Wisconsin Judges

/ Jack Marshall / 7 Comments

Yes the gavel's fuzzy, but then so is the judgment of the person on the other end of it.

There is something seriously wrong with the ethical culture of the judiciary in Wisconsin. I suppose this was already obvious, as it is definitely a bad sign when two members of the state Supreme Court accused each other of physical attacks. Nonetheless, the news that 29 of Wisconsin’s sitting judges placed their names on the recall petition for Gov. Scott Walker would seem to settle any remaining doubts.

Is doing this a strict, slam-dunk, violation of the Wisconsin Code of Judicial conduct? No, probably not. It is in a gray area of the Code. Judicial ethics codes prohibit judges from becoming involved in political contests, but a recall petition a judge signs as a private individual (Personally and professionally, I don’t think it is possible for a judge to sign a petition as “a private individual”) don’t fit neatly into the definition of political activity. Other states, such as New York and New Mexico, have allowed judges to sign nominating petitions for candidates on the theory that it is the equivalent of voting, the right to which judges do not give up by ascending the bench.

Still, the judicial codes don’t exactly give a ringing endorsement to this kind of activity, and I would say the better interpretation is that the ethical rules preclude it. The ABA’s Model Judicial Code, for example, says… Continue reading →

Now THAT’s a Conflict of Interest!

/ Jack Marshall / 3 Comments

"How do you plead, Judge Ballentine?" "I'm innocent, Judge Ballentine!" "I find you credible. Case dismissed, Judge Balentine! See you in the mirror!"

Judge Kelly S. Ballentine, a Pennsylvania district court judge, apparently avoided paying $268.50 in parking tickets by dismissing  her own cases.  Two of the three tickets issued to her were for overtime parking, and the other was for an expired registration. She has been charged with tampering with public records, obstructing the administration of law and participating in activities that are prohibited due to a conflict of interest.

Yes, I’d say that was a fair assessment of the situation.

Ethics Alarms thanks the ABA Journal for the story.

Ethics Quote of the Week: Greta Van Susteren

/ Jack Marshall / 2 Comments

Welcome to the Wisconsin Supreme Court!

“Are any of the newspaper asking for them to step down? People have very serious disputes and their whole lives depend on decisions on the Supreme Court, and this isn’t fair to the people. Are newspaper editors saying they got to go?”

—-Fox News Host Greta Van Susteren, asking Milwaukee-Journal Sentinel reporter Jason Stein why the Wisconsin news media has not demanded  the removal of Justice David Prosser and  Justice Ann Walsh Bradley or both, since by all accounts they turned ideological differences into a physical altercation in chambers. The reporter ducked the question, and blamed it all on Gov. Scott Walker, thus taking “missing the entire point” to art form status.

Van Susteren is not only right, but obviously right. Continue reading →

Now THIS is Sexual Harassment!

/ Jack Marshall / 5 Comments

The Arizona Supreme Court has both censured  former municipal court judge Theodore “Ted” Abrams, prohibiting him from serving as a judge again, and disciplined him as an attorney, suspending his law license for two years. Why, you may well ask?

Well, it seems that before he resigned as a judge there was  a bit of a woman problem: if an attractive woman appeared before Abrams as an attorney, she had a problem.

The State Bar of Arizona determined that Abrams, while serving as a judge, “engaged in a prolonged and relentless effort to sexually harass a female assistant public defender who appeared in his court,” as well as, “in a gross misuse of his power, … inflict[ing] his retribution from the bench for the victim’s refusal to yield to his pursuit.”  Over a 14-month period, Abrams sent the woman at least 28 voice mails and 85 text messages, many of which were sexually overt, including one in which he described a sex act he wanted to perform on her. He repeatedly pressured the lawyer for sex, made slurping noises—I’m pretty sure there is something in the judicial code of conduct that prohibits that-– and once fondled her buttocks. Continue reading →

Judicial Non-Ethics, Pennsylvania Division: Now THAT’S a Conflict of Interest!

/ Jack Marshall / 7 Comments

The judge apparently found the meter to be in contempt of court.

Lancaster, Pennsylvania District Judge Kelly Ballentine dismissed several of her own parking tickets and an expired registration ticket within the past year, according to court records.

“According to the state Judicial Conduct Board’s rules, district judges should disqualify themselves in proceedings where they are a party,” notes the news report.

Yes, I rather think that’s a good idea, don’t you?

It appears that Judge Balentine’s colleagues understand this not-so-fine point of conflict of interest principles and basic ethics: a check of court records with regard to all of the county’s district judges revealed that those who had parking or traffic tickets had another magisterial judge handle their cases at the district court level. Sometimes we hear objections to court proceedings in which a judge over-stepped his or her proper role and became de facto “judge, jury, and prosecutor.” A judge serving as judge, defendant and defense attorney, however, is much, much worse. Continue reading →

Ethics Dunces: The Wisconsin Supreme Court—Choker, Chokee, Everyone

/ Jack Marshall / 13 Comments

When a judge acts like this, there's a problem with the court.

In the story linked here, you can read about the controversy between a liberal, female justice on the Wisconsin Supreme Court who says that a conservative, male justice attempted to choke her, and the male justice, who claims she attacked him. There is more outrageous behavior described as well, including threats, and epithets like “bitch” being used.

I don’t care who did what, or what the facts are.

The conduct of the whole Wisconsin Supreme Court is a disgrace. Continue reading →

Ethics Dunce: Broward (Florida) Circuit Judge Barbara McCarthy

/ Jack Marshall / 19 Comments

Come on! How can you put a guy like this in jail?

Many Americans don’t comprehend the meaning of “justice.”  It is unfortunate that some of these Americans are  judges.

Ryan LeVin, 36, is a drunk, a drug abuser, a playboy, a scofflaw and a killer. He killed Craig Elford, 39, and Kenneth Watkinson, 48, as they were walking to their beachside hotel in 2009. LeVin was driving recklessly in his $120,000 Porsche 911 Turbo, ran them down, and  fled the scene. That was only the latest of his offenses: LeVin was already on probation in Illinois for crashing into a Chicago police officer and instigating a high-speed chase. He has more than 50 traffic violations. What really matters, however, is that Ryan LeVin is rich.

Because he is rich, when LeVin offered enough money to the widows of the two men he killed in his act of vehicular homicide, a Florida judge agreed to let him off with two years of house arrest rather than the 45 years in prison that you or I would serve for a similar crime. Continue reading →

Appearance of Impropriety I: Federal Judge in a Whites Only Club? Ethical, As Long As He Doesn’t Like The Policy. Wait…WHAT?

/ Jack Marshall / 7 Comments

Our Motto: "Trying to find a qualified black member for 110 years...and still looking!"

Is it an ethical violation for a Federal judge to belong to a whites-only country club?

Sure it is. Was that so hard?

Apparently for a judicial appeals panel in Tennessee, it is.

In May of 2008, an anonymous woman complained to the chief judge of the 6th Circuit Court of Appeals that Federal bankruptcy  Judge George Paine II’s  membership in the ritzy Belle Meade Country Club violated the judicial ethics code of conduct that decrees that judges “should not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, or national origin.”  This was a reasonable complaint to make, since the judicial codes for both Federal judges and Tennessee judges say that…

 CANON 2: A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL ACTIVITIES

2 C   A judge shall not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, or national origin. Continue reading →

Are Conviction Bonuses For Prosecutors Ethical?

/ Jack Marshall / 10 Comments

Next, how about a bonus for confessions?

Sometimes a story starts the ethics alarms ringing so loudly that it is hard to think about anything else. It is rare, however, to have this occur when it is not entirely clear what is so unethical. An unusual bonus arrangement in Colorado is in this category.

Carol Chambers, the District Attorney for Colorado’s Eighteenth Judicial District, offers financial incentives for felony prosecutors who meet her office’s goals for convictions.  Plea bargains and mistrials don’t count in the incentive program; they have to be trial convictions.  The bonuses average $1,100, and Chambers says she gives them out to encourage prosecutors to bring her district’s rates in line with other jurisdictions in the state. No other Colorado DA gives out bonuses, or bases evaluations on conviction rates. Continue reading →

The Saga of the Racist Juror and the Angry Judge, Chapter Two: “Never Mind!”

/ Jack Marshall / 5 Comments

 

"Oh! You're REALLY a racist? That's OK then...I thought you were LYING about being a racist, and I just hate that!"

When we last left Federal Judge Nicholas Garaufis, he had just sentenced a potential juror to jury duty for life because of her racist and anti-police answers on a jury questionnaire. Then many commentators, including Ethics Alarms, pointed out that punishing a woman for her views, however offensive, was an abuse of judicial power. I wrote:

 

“This was outrageous abuse of power by a judge, and a slam dunk First Amendment violation. Her opinions are ugly, but there is nothing illegal about having ugly opinions, and  government punishment based on a citizen’s opinion is a dangerous Constitutional breach. A judge can’t dictate how a potential juror thinks or what she believes. He can’t take vengeance on a woman who is hateful, either. She has a right to her hate.”

Today the judge released the woman from the lifetime sentence, saying that it really wasn’t her racist views that angered him, but rather that she had made an obvious attempt to get out of jury duty by putting offensive answers on the jury questionnaire. “My ruling was not based in any way upon whether or not you held any racist views. It was apparent you did not tell the truth,” Judge Garaufis told the woman. “You were the only juror who indicated that you had every form of bias imaginable. You were lying to the court in order to be excused.”

Ah, It wasn’t that she was a racist, but that she pretended to be a racist.

What a minute..huh? Continue reading →