Few authorities in our society have the power of judges, so when they go
astray, it may seem that those affected by their transgressions have no
recourse apart from voting them out in the next election. But an agency
called the Minnesota Board on Judicial Standards has
the power to investigate complaints and discipline judges. Late last
month, the board issued an unusual two reprimands in the same week:
Judge Terrence M. Walters, who's been on the bench for 11 years
and presides in Wabasha County, got in trouble for a number of problems,
according to the board's order.
One of them was failing to supervise his clerk, who in an effort to
avoid boredom from having nothing to do, decided to take on some pro
bono cases during his work hours. As a result, the state paid the clerk
for 257 hours when he was not at work over a nearly six-month period.
After the state investigated, the clerk repaid the money, but Walters
was faulted for failing to ensure his clerk was working on state
business.
Walters also tried a defendant in absentia, a no-no unless the trial
is already underway and the defendant fails to show up; gave a defendant
more jail time than a plea agreement allowed, without allowing the plea
to be withdrawn; and treated a court-appointed consultant
with discourtesy. In the disciplinary order, Walters agreed to change
his ways and seek out an anger management program or therapist, at his
own expense. I tried to reach Walters for comment without success.
Judge Steven J. Cahill, based in Moorhead, Minn., and first appointed
to the bench in 2006, received a reprimand for at least 18 violations
of the rules governing the conduct of judges, according to the reprimand order.
Many of those violations stemmed from what appeared to be a
compassionate impulse that the board considered way over the line.
Cahill bumped down the charge on one immigrant so he could avoid
deportation. A National Guard member got a lighter sentence because the
judge knew he would otherwise lose the right to handle firearms. The
judge allowed a man to put on a motorcycle race without allowing the
county to argue its case that the man did not have the necessary
permits.
On Thanksgiving Day 2012, the judge stopped by the Clay County jail
and granted a 24-hour furlough to a prisoner. The prisoner, who thought
it was some kind of mistake, declined the get-out-of-jail free card.
Without consulting prosecutors, the judge also gave a three-hour
furlough to a teenager who had a court-imposed 9 p.m. curfew after a
vehicular homicide charge. The purpose? So the boy could attend the
prom.
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Judge ordered into anger management, and other courthouse corrections
While they reprimanded the good guy, they should have suspended the bad guy.
ReplyDeleteAgree. And every judge should have to go through anger management therapy. The good guys and the bad guys.
ReplyDeleteAgree too.
ReplyDelete