"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.

“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).

“This case illustrates to me the serious consequences to the Bar itself of not affording the full protections of the First Amendment to its applicants for admission. For this record shows that [the rejected attorney candidate] has many of the qualities that are needed in the American Bar. It shows not only that [the rejected attorney candidate] has followed a high moral, ethical and patriotic course in all of the activities of his life, but also that he combines these more common virtues with the uncommon virtue of courage to stand by his principles at any cost.

It is such men as these who have most greatly honored the profession of the law. The legal profession will lose much of its nobility and its glory if it is not constantly replenished with lawyers like these. To force the Bar to become a group of thoroughly orthodox, time-serving, government-fearing individuals is to humiliate and degrade it.” In Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429 (1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan, dissenting.

" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.

"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.

“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.

Monday, July 11, 2016

#ExposureOfJudicialMisconduct works, somewhat - the 5th Circuit decided to "deepen investigation" of sexual misconduct of Judge Walter S. Smith, Jr. No criminal charges yet, though.

I dedicated several blogs posts to sexual misconduct of judges and the way the system covers up for them.

Here are the judges exposed for sexual misconduct (whether disciplined or not) who I so far covered in my blogs:

Name of judge
Name of court where the judge works
What did the judge reportedly do
Judicial discipline, if any, Yes/No, what kind
Criminal charges and convictions, if any
Yes/No, what kind
Political or familial connections
Traded sex for judicial decisions, harassed court personnel with shirtless selfies
Was forced to resign, but was not disbarred
Son of the first African American judge in the U.S. Court of Appeals for the 6th Circuit Wade H. McCree
Used a penis pump during criminal trials in front of a court reporter
Was forced to resign
Yes, convicted for indecent exposure, sentenced to 4 years in prison
Used profanity repeatedly, and continually used and directed the word "fuck" to female litigant, an attorney, talked about litigant’s "panties," discussed her sex life and who she was "boinking." All of these things he did outside the presence of the litigant’s attorney and in front of her ex-husband.
No discipline, whistleblower Kimberly Ireland’s
Law license  suspended for two years
Federal district court
Stalked and sexually harassed a court employee.
Reprimand, recently investigation was re-opened
Federal district court
Solicitation and accepting bribes, coercing two court employees in sex over the period of many years, witness intimidation
Yes, taken off the bench
Yes, a lenient short prison sentence, was allowed to plea to much less than the charges
Scott Steiner
Had sex in chambers with an intern
Reprimand, not disbarred
Was sending sexist e-mails using court e-mail system
Taken off the bench
New York
Family Court,resigned
Sexually molested a deaf-mute 5-year-old niece before being admitted to the bar
Taken off the bench after resignation

Out of 8 judges in the list, only one is African American, and that African American judge is a son of a judge, bred and raised on ideas of immunity no matter what he does.

So, for all 8 judges the name of the problem is - impunity, privilege and being drunk with unrestricted and unaccountable power.

It is clear that there is a problem in the judiciary - and the problem is that the issue of sexual harassment by judges is not addressed enough because of fear, and exposes the public to sexual predators in courthouses.

The fear of retribution for reporting of sexual misconduct by judges is real - Kansas attorney Kimberly Ireland was suspended for 2 years for reporting sexual misconduct of Judge Kevin Moriarty - who is still on the bench.

Out of 8 cases I reported on the blog, only in two cases judges were criminally prosecuted and convicted, three judges - Walter Smith of Texas federal court, Kevin Moriarty of Kansas State Court and Scott Steiner of California remain on the bench.

Attorney whisteblowers against judges committing sexual misconduct were universally prosecuted by disciplinary authorities.

Kimberly Ireland who reported sexual misconduct of Judge Moriarty in Kansas was suspended for 2 years for "making false statements against a judge", in violation of 1st Amendment.

Pennsylvania Attorney General Kathleen Kane who spearheaded the "porngate" investigation which exposed Judge Eakin's misconduct, was suspended, indicted in criminal court, an attempt to oust her in the State Senate was made and there are reports that impeachment proceedings may be commenced against her.

Attorney Ty Clevenger in Texas who reported sexual misconduct of federal Judge Walter Smith, Jr., was turned into disciplinary authorities, had to go through disciplinary hearings, luckily escaped discipline and left Texas to reside in another state.  Yet, attorney Clevenger is not out of the woods with discipline, and reports that, after he repeatedly reported sexual misconduct of Judge Clevenger, as well as misconduct of several other judges, including the Obama nominee for the U.S. Supreme Court judge Merrick Garland, he is now targeted for disbarment.

In Judge Kent's case, victims were intimidated, a witness had to leave her job and no attorneys wanted to take her case.

According to the transcripts of testimony of Judge Smith's victim,  the victim's supervisor deliberately exposed her to sexual abuse by Judge Smith, by knowing leaving her when Judge Smith came to sexually harass her. 

Judge Smith's law clerk was pressuring the victim to recall her complaint against Judge Smith, practically accusing the victim of causing Judge Smith's hospitalization because of the complaint.

Yet, likely due to Internet exposure on social media, and persistence of attorney Clevenger, the investigation regarding "patterns" of misconduct of Judge Smith was recently reopened.

#ExposureOfJudicialMisconduct works - and should continue, and be consistent, systematic and unrelenting, despite the threats of retaliation.

Many judges recently were disciplined only because of public outrage in social media.

Criminal charges against whistleblowers in Georgia insinuated by a judge and her former law clerk, now the prosecutor, were dropped because of public outrage.

If the mainstream media does not want to report judicial misconduct, social media and the blogs are forcing the mainstream media, and authorities ultimately, not to sweep the issue under the rug.

The situation is changing rapidly.

 Very recently judicial misconduct was a taboo concept.

Now it is reported in the mainstream and social media on a daily basis.

The judiciary in this country should use a cleanup, and nobody but "we the people" can do it.

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