February 05, 2005

News flash! Judge found to have been intemperate and disrespectful

If only we'd had an effective Judicial Commission back home like this one they have in Washington State:

Judge reprimanded for temper and sarcasm

It's In re Judith R. Eiler, CJC No. 4148 -F- 116. The official Stipulation, Agreement, and Order of Reprimand, plus (and these are kind of fun) actual audio exhibits of the judge's offending conduct are here.

Listening to them, I'm having some flashbacks! This tone from the bench is far from unusual, and we lawyers and our clients are expected to suck it up. Good for Washington for spanking the judge here.

Oh well, I'm sure that Idaho has had a good fiscal reason for failing to pursue such cases. If Idaho had ever vigorously disciplined judges for "rude, impatient and undigified treatment of... litigants" and "addressing them in an angry, condescending, or demeaning tone of voice", they'd have been paying the judicial commissioners a buttload of overtime.

1 Comment:

Anonymous said...

We could use a system like the state of Washington uses at the national level. I know you say we already have the Judicial Conduct and Disability Act of 1980, 28 USC Section 372(c). This is a useless piece of legislation that in real life does nothing but exposes the complainant to retaliation. You want proof? Read the following !


I found some interesting links which will conclusively prove that the present system of judicial discipline is a joke. These links describe a well-known problem that needs to be addressed. There is no "judicial discipline" with respect to the federal judiciary and that is a terrible mistake. "Absolute power corrupts." Every other branch of government is subject to some type of discipline except federal judges.

Chief Justice William H. Rehnquist, who recently appointed a six member commission to study judicial discipline, knows full well that complaints of judicial misconduct are routinely dismissed and NEVER acted on, no matter how bad the alleged and proven misconduct is. Moreover, complaints [section 372(c)] are kept in total secret. Additionally, complaints of judicial misconduct lodged through the appellate process are ignored as well. Judges, or law clerks, give themselves permission not to publish cases, consequently acts of misconduct never reach the light of day. There is no effective way to discipline a rogue federal judge and everybody in the legal profession is keenly aware of this fact. If you want to see how bad the current system is, then read the links provided below. These links will demonstrate every thing that is wrong with the current system. Congressman Sensebrenner and his committee should look into this matter.

For really outrageous behavior, read the links below and the documents referenced by the links. Download the documents and save them.

These links generally discuss the misconduct of Judge Donald L. Graham
http://donaldlgraham.blogspot.comhttp://secretlaw.comhttp://secretlaw.com/html/NewComplaint/HelpLetters/ContemptAbuse.htmlThese links discuss the efforts of the US Court of Appeal, Eleventh Circuit to conceal the misconduct.


http://mmason.freeshell.org/trickery/trickery.htmhttp://mmason.freeshell.org/refusetodiscuss.htmlhttp://mmason.freeshell.org/inherent/inherent.html