Thursday, February 3, 2011

Canons Uphold Dignity of the Bench

One was accused of going after a kid with a baseball bat. Another solicited young prostitutes. One directed business to a mediator in exchange for a discount on his own divorce.

All were judges punished by the Minnesota Supreme Court based on recommendations from the state Board on Judicial Standards. The board, which on average takes action against one judge a year, lately appears to be ahead of that pace.

Two Hennepin County District judges recently rejected proposed punishments and took their cases to hearings before three-member fact-finding panels.

Judges Patricia Kerr Karasov and Jack Nordby are expected to wait weeks before learning of their punishments, if any. Karasov is accused of living outside her district and lying to cover it up. Nordby is accused of making intemperate remarks during a hearing. Both have denied the allegations.

When prosecuting lawyer Doug Kelley made opening comments in the Karasov hearing, he said judges need to be held to a higher standard than most people, including lawyers. He said Karasov deserved discipline in part for her defiance during the investigation.

Those who wear the black robes must adhere to a code requiring them to "maintain the dignity of judicial office at all times and avoid both impropriety and the appearance of impropriety in their professional and personal lives." They must "aspire at all times to conduct that ensures the greatest possible public confidence in their independence, impartiality, integrity, and competence."

The Supreme Court's former Chief Judge Eric Magnuson said in an interview, "You have to be a better citizen. If you want the title of judge, you have to shoulder the responsibility."

Canons and rules

The conduct code includes four canons that say judges shall:

• Uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

• Perform the duties of judicial office impartially, competently, and diligently.

• Conduct personal and extra-judicial activities to minimize the risk of conflict with the obligations of judicial office.

• Not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.

Each canon has a list of rules, sometimes dozens. Rule 2.8 reads: "A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, court officials, and others with whom the judge deals in an official capacity, and shall require similar conduct." Rule 3.6 reads: "A judge shall not knowingly hold membership in an organization that practices unlawful discrimination."

David Paull, executive secretary of the board, said most of the state's 500 judges and judicial officers have no trouble following the rules. But the board gets about 1,600 letters and calls a year alleging misconduct. Of those, about 120 are formally investigated, and action is proposed in about 20 cases. Action can range from private censure to public censure, suspension or removal.

Full Article and Source:
Canons Uphold Dignity of the Bench


Linda said...

Dignity on the bench seems so foreign to me after what I and others have been through.

Helen said...

If the judicial discipline committees would do their job, there could be dignity of the bench. But, send in a complaint and see what happens. Dismissed. And then they wonder why the people have lost respect for the judicial system.

izzy said...

We need to work to get our elected representatives to pass laws to make judicial and attorney complaints public knowledge in all states=- the secrecy afforded them during the review process by the regulatory agencies promotes and often allows misconduct to continue because their is no real concern of corrective measures. 20 out of 1600 with only 120 even looked at- could any of us have a successful business or job if we had those numbers?

Carl said...

The canons would uphold the dignity of the bench if judges who don't follow the canons were dealt with properly.

I agree with Linda, there is no dignity of the bench.

Occasionally, we hear of a good judge and that is encouraging, but all too rare.

Anonymous said...

My nemesis broks so many of the canons but when I reported him - well, you can guess: NOTHING.