Offering common sense solutions for judicial discipline
Straight Talk
We'll be frank. (Some would say we're shooting ourselves in the foot, being so straightforward, since we're hawking a booklet about filing a complaint of judicial misconduct. But hey... we're not used car salesmen here. We want you to know what you're buying into.) Virtually no complaint of judicial misconduct survives in the federal system. [Here's a list of annual reports.]
That's not because there aren't valid complaints. There are, as we've started to document. For example, if you had filed a complaint against Judge Hittner, even before his suspicious sentencing, yours would have been a valid complaint of judicial misconduct. As we show in our booklet, he violated the law. He should have stepped down from the case because he was a victim of the Enron fiasco. His vindictive sentencing only deepens the impression - if not the actual fact - that he was not an impartial judge. If he's not impartial here, what makes you think he's impartial anywhere? Especially when he rules on your case?
The States do better. (See our Examples page for examples.) So there's a real possibility you'll have success in a State matter. Especially one where judges are elected. You might even have, unknown to you, 'inside' help.(Wink, wink, know what I mean?)
Very early, in the infancy of our country, judges seemed more honorable. Embellishing from a recent DC court of appeals decision:
Edmund Burke justly referred to the "cold neutrality of an impartial judge." Cold or not, federal judges must maintain the appearance of impartiality. What was true two centuries ago is true today: "Deference to the judgments and rulings of courts depends upon public confidence in the integrity and independence of judges." Public confidence in judicial impartiality cannot survive if judges disregard their ethical obligations and the law, refusing to remove themselves when the public perceives the appearance of impropriety. "What matters is not the reality of bias or prejudice, but its appearance."
How's your confidence in the integrity and independence of judges today?
The sad fact is, the correction mechanism for the federal system is fatally flawed. About 25 years ago, Congress, ignoring the brilliant system of Checks & Balances our Founders gave us, abrogated its oversight responsibility and left it to judges to judge themselves. Hence, no more Checks & Balances. At this point in time, the cancer appears widespread.
We're not talking about "Activist Judges" and made-up rulings based on Personal Policy Preferences, although that's a major problem of corruption too. The Foundation can only do so much, and we are narrowly focused on judicial discipline. (The lack thereof.)
Worse, about every ten years, Congress blindly (or naively) listens to the judiciary assure it that all is well. As of this writing, the judiciary is once again evaluating itself and the judicial complaint system. The judges intend to interview "judges, administrators, and practicing lawyers" to hear them say how well the system works. (Asking the public for input seems an after thought.) Do you think they will conclude there are any problems among the brethren?
As you might expect when you let the fox guard the hen house, there is virtually NO discipline of errant (bad) federal judges by judges in the judiciary, as documented by the judiciary's own reports. [Isn't the US a neat country? What other country will openly tell you what a bad job its doing? Truly, we get the government we deserve.]
Unfortunately, there's only so much we can do in our system of government to affect change. And there's already a lot of momentum against us. But it would be sin to remain silent. From the Bible, Leviticus 5:1:
If a person sins because he does not speak up when he hears a public charge to testify regarding something he has seen or learned about, he will be held responsible.
Therefore, the goals of the Foundation are:
- To make you aware that Congress charged us - ordinary citizens - with oversight of the judiciary.
- To help step you through writing a valid, legitimate complaint of judicial misconduct (or disability) when you see same.
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To make it so easy to write a complaint, that in a short time,
- every concerned American will know about at least one other concerned American who has filed a legitimate complaint of judicial misconduct
- knows for himself what the system is like
- and can testify about it passionately from first hand experience, having read the complaint and resulting order for himself.
- To act as a public clearing house of sorts, collecting and documenting complaints from good citizens throughout the country so we can keep tabs on the system. Presently, the judiciary hides behind embellished "confidentiality" rules. It won't let anyone see complaints for themselves. This is anathema to a free society.
- To have all of us squeak loudly enough to get some grease to fix these problems. To reach critical mass so that the other two branches of government (primarily the Legislative) exercises their constitutional powers to reign in what we see as an undisciplined and unchecked judiciary. In addition to independent oversight of judges, that means impeachment for "bad behavior" needs to be brought back, and brought back hard.
But be warned.
It seems our lot in life to warn others. Believe it or not, there's occasional talk before Congress about making it illegal to publish complaints of judicial misconduct like we've done here. Of course, once they do that (and enforce it at the point of a gun, as with so-called "free speech zones"), it's over. If we are no longer free to talk about the problem, there is no hope of solving the problem. (Kinda like life in Cuba.) We're concerned that after the First Amendment is gone, some might invoke the amendment that follows. Let's try to squeak loudly before then, so Congress acts before public confidence in the judiciary is completely eroded and the foundation for our society is completely gone.
But it may be too late. The next domino has fallen and now an out of control prosecutor can come after you if you make too much noise.
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