Sunday, December 28, 2008

Is The Judicial Complaint System Unconstitutional?

The secrecy surrounding the state's judicial complaints system is being challenged by attorneys who are defending Tulsa County District Judge Jesse Harris against a felony charge.

Harris' lawyers maintain that he should be allowed to use materials that the Oklahoma Council on Judicial Complaints contends must remain secret.

A recent filing on his behalf asserts that provisions of a statute that "prohibits a judge who is the subject of a pending judicial complaint from revealing any information concerning the complaint, is unconstitutional because it violates the First Amendment."

The pleading states: preventing a judge from disclosing any information about a "proposed or pending judicial complaint relevant to his case" is "an unconstitutional restriction on free speech because it is overly broad and not susceptible to a narrowing construction."

Full Article and Source:
Judicial complaint system ripped

See also:
Judge wants secrecy rule waived

Judge faces felony charges

Judge under investigation for alleged indecent exposure

Woman says she feared Tulsa judge

7 comments:

Bob said...

Danged right it's unconsitutional!!!

Thanks for this article.

Anonymous said...

The Judicial Review Board is comprised of Judges and political appointees. A complaint against a Judge cannot be submitted anonymously preventing Judicial
court staff and attorneys from filing complaints without fear of retaliation. The process is secret
to protect the public's perception of Judges integrity and expertise in law. Only 1% of complaints get reviewed. These Judges are often only reviewed when the media brings attention to the Judges conduct unbecoming of a Judge. If the media doesn't follow the case, these Judges are retired with full benefits. If the media drops it, so doesn't the Review Board. Not only is the process unconstitutional, it is biased and Protective of a broken justicial system that perpetuates injustices throughout the Judicial System and it is a NATIONAL problem. All Three Branches of State Governments are responsible and need to be held accountable. Citizens need to STAND UP and contact their Legislators: particularly those who are Lawyers and Members of the Legislative Judicial Committee for REFORM. Start a petition in your community; state and submit it to these Legislators. Picket their offices if they continue to be unresponsive. Contact Federal Government Agencies starting with the Dept of Justice, if they continue to ignore the problem.

Anonymous said...

We need out in the open full disclosure, the secrecy, the thick brick wall protecting unfit judges and unethical lawyers needs to ....come down - now!

Anonymous said...

It's downright disgusting!

They are public servants. Why should they discipline themselves?

And in secrecy? They're on the public dole, and the public has a right to know.

Anonymous said...

Secrecy protects the black robe society and that's its only purpose.

Open the doors and the files and let the American people in!

Anonymous said...

Yes, it is.
And the complaint system for filing against attorneys is no better.
When you file a complaint against a lawyer, it is "confidential."

Paul Revere said...

I have seen the woes this particular judge has dished out to defendents with less evidence against them than there is against him. Odds are in his favor he will walk thanks in part to the good ol boy mentality and secrecy veil surounding our government at all levels. We must act with our votes by re-electing NO-ONE for more than two terms.. We have let them entrench themselves in government so deep they are nearly untouchable. If we don't vote them out we will have to fight them out. CHOOSE.