Judicial accountability in Massachusetts: (Barely) making the grade

June 10, 2008

A grade of C-minus does not normally put the recipient in the middle of the class. But a Washington, D.C., group called HALT says that Massachusetts is about as mediocre as most other states when it comes to judicial accountability.

The organization, whose name stands for Help Abolish Legal Tyranny, rated the courts of all 50 states, the District of Columbia and the federal system. Its criteria included transparency of the judicial complaint process, the availability of meaningful sanctions, consumer friendliness and online outreach.

Most states were given a C grade, and no state received a grade higher than a B.

In transparency, the Massachusetts system was given a C-minus, the highest mark awarded in that category.

"Massachusetts is as good as it gets when it comes to transparency," says HALT General Counsel Suzanne M. Blonder. "No state releases information any earlier than Massachusetts, but, unfortunately, even Massachusetts doesn't release any information until formal charges are filed against a judge. We'd like to see that information released following a preliminary investigation."

While this state's Commission on Judicial Conduct got a B rating for online outreach - HALT praised its "helpful" website, with its downloadable complaint form and Frequently Asked Questions section - it was given an F for consumer friendliness.

"That's because people who complain about judges are asked to keep their complaints to themselves," says Blonder, citing her interpretation of the CJC's complaint form. "Most citizens who read that will think they can't reveal their grievances to family members, friends or the media. We think that infringes upon their free-speech rights."

CJC Executive Director Gillian E. Pearson says that the commission is "looking at the HALT materials and will comment if we decide that's appropriate."

HALT gave an even lower grade of D-plus to the entire federal system. "The judges are privately disciplined, so we often don't hear at all about the complaints in the 1st Circuit or any other circuit," Blonder says.

So, what exactly is HALT? HALT's website says it is an "Organization of Americans for Legal Reform." But Blonder insists that HALT has "no affiliation whatsoever" with the Long Island-based Americans for Legal Reform, a group of disgruntled ex-litigants known for driving around with anti-lawyer slogans on trucks and attempting to disrupt bar association events.