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Contact: Rachel Decker, Media Coordinator, HALT
rdecker@halt.org or 202-887-8255
Washington, DC
Today, the nation's first comprehensive study of the systems
that hold state and federal judges accountable ranked Alabama 38th in the
nation and issued the state's program a D+ grade. To shine a light on the
typically secretive and toothless systems that often fail to remove abusive
and incompetent judges from the bench, legal consumer watchdog group HALT,
Inc. released its 2008 Judicial Accountability Report Card, analyzing
programs in all 50 states, D.C. and the federal circuits.
"Alabama's system of judicial oversight gives too many judges a free pass,"
stated HALT Senior Counsel Suzanne M. Blonder, pointing to the case of
Birmingham Municipal Judge David Barnes, who inexplicably refused to recuse
himself from an animal cruelty case against City Council President Lee
Loder despite the fact that Loder was a former fraternity brother. Barnes
dismissed all charges against Loder without even holding a hearing and
criticized the suggestion that he might have been biased for his conduct.
Barnes was merely issued a slap on the wrist-a public censure and a short
paid suspension-despite violating important judicial ethics rules.
HALT's study found that officials at the Alabama Judicial Inquiry
Commission are prohibited from releasing information about an ethics
complaint against a judge until the Commission files formal charges.
Additionally, the Web site for the Commission fails to provide a clear
explanation of the judicial discipline process and lacks numerous critical
resources, including a downloadable complaint form, a database of past
disciplinary decisions and a link to the procedural rules.
Alabama rules fail to place meaningful limitations on the reimbursement and
compensation that judges may accept in connection with corporate and
special interest funded trips. "Alabama's laws unfortunately include
massive loopholes that still allow members of the judiciary to be wined and
dined on the corporate dime," noted Blonder.
The state also received failing marks for its unusual financial disclosure
rules. Although Alabama judges are required to file annual reports
detailing their economic interests, the state Supreme Court seals these
records from the public. "Concealing this critical information prevents
litigants from having the opportunity to determine whether the judge
presiding over their case has a conflict of interest," stated Blonder.
None of the top five states-Washington, Connecticut, Pennsylvania, Arizona
and California-scored higher than a B average on HALT's Report Card. More
than half of the states received grades in the C range and HALT issued D's
to 14 jurisdictions. Two states-Maine and Mississippi-flunked outright.
"At a time when the American public has lost faith in the impartiality and
fairness of the nation's judiciary, it's critical that we have an effective
system of oversight for judges," stated Blonder. "We hope that Alabama's
chief judicial officers will work to transform a mechanism marred by
secrecy into a system dedicated to upholding the integrity of the
judiciary."
Information about the Judicial Accountability Report Card, including Alabama's Report Card and a detailed grading scale, can be found at www.halt.org. Founded in 1978, HALT, Inc. is a nonpartisan, nonprofit public interest group that challenges the legal establishment to increase accountability in the civil justice system.
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