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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 issued the 13 federal
circuits, which now all operate under the same set of rules, a combined D+
overall. 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.
"While most judges serve capably from the bench, our systems for judicial
accountability unfortunately allow others to regularly abuse their
positions of power," stated HALT Senior Counsel Suzanne M. Blonder. "Weak
conduct codes permit federal judges to rule even when they have a critical
conflict of interest in a case. Judicial discipline bodies regularly turn
a blind eye to misconduct by making it difficult for citizens to file
complaints against judges, concealing data and ultimately refusing to
remove or meaningfully sanction even the most incompetent and abusive
judges."
HALT's Report Card comes on the heels of the release last March of new
disciplinary rules for federal judges that the United States Judicial
Conference has made mandatory for the first time. While the new
regulations brought clarity, they failed to add procedures that would have
made the system more rigorous, transparent and impartial. "Surprisingly,
our research shows that many states' oversight of state and local judges is
superior to the federal circuits' oversight of federal judges," noted
Blonder. "Given that federal judges enjoy lifetime appointments, we are
troubled by the federal circuits' inattention to federal judges who misuse
their positions on the bench."
HALT's study found that the federal circuits do not release information
about the misconduct of a member of the federal judiciary unless and until
formal sanctions are imposed on the judge. The federal system also
received low marks for conditioning a complainant's right to participate in
a judicial discipline proceeding on her cooperation in preserving the
confidentiality of the proceedings and the subject judge's identity.
"In an era that embraces principles of sunshine and transparency, it's
shameful that the system for monitoring our most powerful officials is
designed to shut out the public and punish those citizens who dare to
disclose that they have called a judge's conduct into question," stated
Blonder.
Reflecting the insular nature of judicial oversight programs across the
country, HALT also noted that the federal circuits only allow judges to
make decisions about other judges' conduct. Most commissions that address
the abuses of state judges allow some lay person participation in the
decision-making process, however.
"At a time when the American public has lost faith in the impartiality and
fairness of the nation's judiciary, effective oversight of state and
federal judges is vital," stated Blonder. "It's now incumbent on circuit
judges to transform a mechanism marred by indifference and secrecy into a
system dedicated to upholding the integrity of our nation's judiciary."
Information about the Judicial Accountability Report Card, including each state's Report Card and a national comparison, 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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