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Contact: Rachel Decker, Media Coordinator, HALT
rdecker@halt.org or 202-887-8255
Washington, DC
A scathing indictment of toothless judicial ethics standards
and the closed-door systems charged with disciplining judges, HALT's 2008
Judicial Accountability Report Card issued grades to all 50 states, D.C.
and the federal circuits on May 1, Law Day. Legal reform watchdog HALT,
Inc., which has previously rated lawyer discipline agencies and small
claims courts, gave the systems overseeing federal judges a D+. More than
half of the state programs responsible for removing unqualified judges
received marks below C. Mississippi and Maine flunked outright. No state
earned an A. Washington state took top honors, but was only graded a B.
"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 state and federal judges to rule even when they have a
critical conflict of interest in a case. Judicial discipline commissions
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 last month's release of new
discipline 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. HALT's Report
Card gave the 13 federal circuits, which now all operate under the same set
of rules, a combined D+ overall. "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."
In need of greatest reform, HALT's study found, are both the state and
federal ethics rules that allow judges to accept compensation from private
groups attempting to influence case rulings. "Corporations and special
interests frequently provide expense-paid trips to lavish settings in a
thinly-veiled attempt to lobby judges," explained Blonder. "Rigorous
ethics rules would place caps on the funds that judges may accept from
private entities, but unfortunately most conduct codes and statutes
continue to permit members of the judiciary to accept these gifts with few
limitations."
HALT also criticized the gag rules that prohibit individuals from publicly
discussing that they have filed an ethics complaint against a judge in 16
jurisdictions. "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.
Pointing to the insular nature of judicial oversight programs across the
country, HALT also noted that 42 states and the federal circuits stack the
commissions that decide judicial ethics complaints with judges and lawyers-
giving ordinary citizens only a token role in the process at best.
HALT issued grades in seven categories: (1) Transparency; (2) Availability
of Meaningful Sanctions; (3) Consumer Friendliness; (4) Online Outreach;
(5) Public Participation; (6) Financial Disclosure and (7) Gift
Restrictions.
"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 our
legislators as well as state and federal high courts 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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