|
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 Hawaii 43rd in the
nation and issued the state's program a D+ grade. To shine a light on the
typically 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.
"Hawaii's system of judicial oversight is one of the most secretive in the
nation," stated HALT Senior Counsel Suzanne M. Blonder.
HALT's study found that Hawaii rules allow some dysfunctional judges to be
sanctioned with private reprimands. In these cases, the public never
learns of the judge's misconduct. And unlike policies in most states that
allow individuals to speak freely about their ethics complaints against
judges, Hawaii Supreme Court rules provide: "All participants in the
proceeding shall conduct themselves so as to maintain the confidentiality
of the proceeding."
"The vast majority of states have abolished these sorts of 'gag' rules,"
stated Blonder. "Hawaii's restrictions not only violate citizens' right to
free speech, they also keep the general public in the dark about whether
the system of judicial oversight is operating effectively."
HALT also faulted the state's online resources about judicial discipline,
noting that the Web site for the Commission on Judicial Conduct fails to
provide a clear explanation of the discipline process and lacks a
downloadable complaint form, a database of past disciplinary decisions and
links to the state's procedural rules. "Without online information to
clarify how to file a complaint, explain judicial ethics standards or
provide information about judges' disciplinary histories, few consumers
will be able to understand and use the system of judicial oversight in
Hawaii," stated Blonder.
Additionally, Hawaii rules fail to place meaningful limitations on the
reimbursement and compensation that judges may accept in connection with
corporate and special interest funded trips. "Hawaii's laws unfortunately
include massive loopholes that still allow members of the judiciary to be
wined and dined on the corporate dime," noted 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 Hawaii'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 Hawaii'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.
|