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:




No
Name of judge
State
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
1
Illinois
Resigned
Traded sex for judicial decisions, harassed court personnel with shirtless selfies
 
Was forced to resign, but was not disbarred
No
Son of the first African American judge in the U.S. Court of Appeals for the 6th Circuit Wade H. McCree
2
Oklahoma
Resigned
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
 
3
Kansas
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
 
No
 
4
 
Texas
Federal district court
 
Stalked and sexually harassed a court employee.
 
 
Reprimand, recently investigation was re-opened
 
No
 
5
Texas
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
 
 
6
Scott Steiner
California
Had sex in chambers with an intern
 
Reprimand, not disbarred
No
 
7
Pennsylvania
 
Was sending sexist e-mails using court e-mail system
 
Taken off the bench
None
 
8
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
None
 

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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