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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 Michigan ninth in the
nation and issued the state's program a C 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.
"Michigan's system of judicial oversight is shamefully insular," stated
HALT Senior Counsel Suzanne M. Blonder, noting that the state's Judicial
Tenure Commission is composed of five judges, two attorneys and just two
public members. "With a system that appears to be of the judges, by the
judges and for the judges, it's no wonder that litigants are reluctant to
file a complaint against a member of the judiciary."
Before filing formal charges against a member of the judiciary, the
Commission may not publicly sanction a judge, and instead relies on private
sanctions, such as private admonishment and "sensitivity training" courses.
"Judges, who should be expected to maintain the highest standard of
ethics, are publicly disciplined in Michigan only when they repeatedly and
flagrantly violate the conduct code," noted Blonder.
Additionally, Michigan's Code of Judicial Conduct fails to place meaningful
limitations on the compensation that judges may accept in connection with
trips funded by private interests. "Michigan's laws include massive
loopholes that allow members of the judiciary to be wined and dined on the
corporate dime," stated Blonder.
However, HALT did note that Michigan features some of the best online
resources of any judicial conduct agency in the nation. The Web site for
the Judicial Tenure Commission provides straightforward navigation, a clear
and detailed explanation of the disciplinary process, a downloadable
complaint form and helpful links to the state's Code of Judicial Conduct
and disciplinary procedural rules.
None of the top five states-Washington, Connecticut, Pennsylvania, Arizona
and California-scored higher than a B average on the 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 Michigan'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 Michigan'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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