TX Constitution Shields Judges From Scrutiny After Official Reprimands

Strict rules written into the Texas constitution severely limit the release of information when judges in the state are disciplined, reports the Austin American-Statesman. Most reprimands meted out by the state's Commission on Judicial Conduct, the agency charged with disciplining Texas' approximately 3,900 judges, are kept private, with only the rough outlines of the case made public. No identifying information about the judge or his or her jurisdiction is released, and the penalty has no real impact beyond a notation in the commission's records and the judge's conscience.

An American-Statesman review of a decade's worth of publicly available disciplinary records — several hundred case summaries — suggests that in some instances there is at least the appearance of uneven sanctions — cases in which judges found to have committed relatively minor infractions were punished more severely than those who committed more serious violations — or differing punishments for similar violations. "They're very arbitrary and capricious; they just do what they want to do," said attorney Henry Ackels. The commission says the protections are necessary to shield judges from spurious and political attacks and to protect complainants from judicial retribution. Defense lawyers, those who have filed complaints and even some judges counter that such secrecy raises questions about how the agency is policing some of the state's most powerful public officials.

Tennessee Legislators Take Greater Role in Oversight of Judges

A bill that would reform how judges are disciplined won unanimous approval from the Tennessee Senate Thursday, as lawmakers accepted a compromise meant to increase the legislature’s oversight of the judicial branch, reports the Tennessean. Senators voted 30-0 to replace the Court of the Judiciary, which reviews and rules on complaints against judges, with a new 16-member board appointed by judges, legislative leaders and the governor. The unanimous vote increases the likelihood that the House would sign off on the measure, though a final vote has not been scheduled on companion legislation making its way through that chamber.

The new Board of Judicial Conduct would be created after years of complaints that the Court of the Judiciary did not aggressively investigate claims of judicial misconduct and was too closely tied to the Tennessee Supreme Court, which appointed more than half of its members. The measure, Senate Bill 2671, also sets up a procedure for investigating complaints against judges and requires the board to report regularly to the legislature on how grievances are resolved.

Battle Over Judgeships Brings Virginia Senate to a Standstill

A partisan battle over judicial appointments left the Virginia Senate at a standstill Tuesday, with members prevented by procedural rules from voting on any legislation or even conducting committee meetings until the matter was resolved, reports the Washington Post. The House of Delegates and Senate eventually found a way out of the impasse, at least for the next few days, by postponing the matter until Thursday. But Senate Minority Leader Richard L. Saslaw (D-Fairfax) indicated that Democrats would continue to flex whatever muscle they had left after this month’s GOP takeover by opposing all new judicial nominations. 

The heated showdown — coming just weeks into the session and over two judicial nominees not considered the least bit controversial — raised concerns that it will be a rocky session for Richmond’s evenly split upper chamber. “This is a residual consequence of bruised political egos,” said Senate Majority Leader Thomas K. Norment (R-James City), suggesting that Democrats were using “political extortion” to get back at Republicans after they declined to share power in the 20-20 chamber.

Judicial Civil War Displays Unseemly Side of California Courts

As the legislature reconvened this month, California's judges resumed their civil war over money and power, reports the Sacramento Bee. It pits Chief Justice Tani Cantil-Sakauye and the State Judicial Council, along with one faction of trial and appellate judges, against a rebellious faction, organized as the Alliance of California Judges, over how to allocate pain as the courts adjust to reduced financing.

An early political test for the combatants is Assembly Bill 1208, a rebel-sponsored bill that faces a deadline this week for approval. The measure, which would strengthen the authority of local judges, has been stalled for months as both sides ramped up their lobbying. For a profession that places high value on decorum and what's called "judicial demeanor," the public and private politicking has gotten downright nasty at times, with the contending factions exchanging accusations of bad conduct. The rebel alliance has produced a 20-page white paper that lays out in detail what it regards as misappropriation of operational funds for the courts that leaves them unable to cope with criminal and civil business.

Legislative Proposals in NH, TN Set Sights on 'Activist Judges'

Frustrated by "activist judges,” lawmakers in New Hampshire and Tennessee have proposed bills that would end the judicial branch’s ability to rule on the constitutionality of legislation, reports Stateline. Mae Beavers, a Republican state senator in Tennessee, was the lead sponsored of a proposal to limit the judiciary, saying it had "overstepped their bounds.” But she withdrew the bill this week under criticism from members of both parties, including the Republican Senate speaker Ron Ramsey, according to the Tennessean.

Meanwhile in New Hampshire, a feud between the state judiciary and House Republicans reached a peak last October. The state Supreme Court had issued an advisory opinion that the legislature did not have the power to force the attorney general to join a multi-state lawsuit against the federal health care overhaul. The House then overwhelmingly passed a resolution repudiating the court’s opinion. A new bill would amend the state Constitution so that “the supreme court shall determine the constitutionality of judicial acts and the legislature shall determine the constitutionality of legislative acts.” 

TX Judge Scales Back Sweeping Gag Order In Capital Murder Trial

A Texas judge scaled back a sweeping gag order she had imposed on news coverage of a capital murder trial, leaving in place bans against reporters interviewing the families of victims or defendants and photographing jurors until after the trial, reports the Ft. Worth Star-Telegram. Before a hearing to let the Star-Telegram challenge the order, Judge Elizabeth Berry issued a revised list of courtroom restrictions that maintained bans on some interviews about the case with attorneys, district attorney officials, and witnesses until the end of the trial of Kwame Rockwell.

"We're gratified the judge decided to revise the order she issued Friday, which we felt was clearly unconstitutional in the limits it placed upon us," Star-Telegram Executive Editor Jim Witt said. "One of our jobs is to be the eyes and ears for the public, to tell them what is going on in their courtrooms. The original order was too restrictive for us to do that." Among the judge's concerns: a "defiance" of her order to use a pool camera by the broadcast media, a Star-Telegram article that included comments from the mother of the defendant, media presence in prohibited areas of the courtroom, and media efforts to contact people in the courtroom who appear to be family members of the victims and could be called as witnesses.

NC Prosecutor Fails To Remove Judge From Hearing Criminal Cases

Florida Judge's Creative Sentences Get National Media Attention

After Lake County, Fl., Judge Donna Miller granted an early release to a 345-pound jail inmate who lost weight, CBS called, Fox offered to send a limo, and ABC left messages for her, the Orlando Sentinel reports. Miller, 64, who often uses alternative sentences in her misdemeanor court, was surprised by the swift and diverse reaction to the "lose-a-pound, gain-a-day" offer she extended to George McCovery, 37, who earned a jail term by driving with a suspended license. The judge let him trim nine days off his jail stay by losing 25 pounds in 20 days.

"How is it strange that I should find creative ways to change bad behavior," Miller said. A Sentinel story on the case appeared in newspapers across the U.S. and in London and was picked up by national TV programs that invited Miller to explain her decision on live broadcasts. She won praise for creativity but drew criticism for acting "like a social worker" instead of a judge. During a phone appearance Sunday on "Fox & Friends Weekend," the judge discussed some of her creative sentences, including the punishment she handed down to McCovery, a South Florida man who suffers from high blood pressure. Miller, a judge for 17 years who is featured on "Lake Courts," a TV program on a community-access channel that replays criminal proceedings in her courtroom, said she also imposes jail sentences when jail is right.

Scalia Helps Criminal Defendants With Stance on Confrontation Clause

Justice Antonin Scalia, the Supreme Court's most outspoken conservative, he has led a pro-defendant faction at the high court in reversing convictions for murder, drug dealing, wife beating, and drunken driving, says the Los Angeles Times. In early December, the court will hear the case of a Chicago rapist who claims his 6th Amendment right to confront his accusers was violated because prosecutors did not put on the witness stand a lab technician from Maryland who conducted the DNA test that sent him to prison.

The claim might have been a loser even during the court's liberal era. With Scalia leading the charge, it may succeed, a prospect that worries prosecutors and crime lab directors across the nation. Scalia's insistence on following the "original" Constitution can lead to unexpected results. For him, there are no shades of gray and no halfway measures. The 6th Amendment to the Constitution says the "accused shall enjoy the right [ ] to be confronted with the witnesses against him." To Scalia, this not only gives defendants the right to challenge actual witnesses, but also to bar testimony from all "witnesses" who did not or cannot testify in court, even if the witness is dead. "This is not a left-right split. This is principle versus pragmatism," said University of Michigan law Prof. Richard Friedman. For Scalia, "this is all about adhering to originalism," even if the results seem strange.

Does TX Judge's Suspension Show Corporal Punishment Views Shifting?

Tennessee Legislators Warn Judges to Shape Up--Or Else

The commissions that nominate, evaluate and discipline Tennessee’s judges were all scrutinized at a legislative hearing this week that set the stage for an expected fight next year over the future of the state’s judiciary, reports the Tennessean. The Government Operations Joint Subcommittee on Judiciary and Government met Tuesday to discuss whether to retain the Court of the Judiciary, the Judicial Nominating Commission and the Judicial Performance Evaluation Commission or let them expire. Members made it clear that a broad restructuring will be on the table when the full General Assembly reconvenes in January.

The Court of the Judiciary, which investigates ethical complaints against judges and determines discipline, received most of the committee’s attention. Lawmakers from both parties warned Court of the Judiciary officials that if they don’t change their processes, the General Assembly will do it for them. The hearing featured testimony from several people who complained of mistreatment by Tennessee judges. “Judges, you better get your house in order because we’re going to do it for you if you can’t,” Rep. Tony Shipley, R-Kingsport, warned after listening to testimony from disgruntled litigants.

lGA Juvenile Judge Crusades to Break School-to-Prison Pipeline

Steve Teske's success as a juvenile court judge near Atlanta has propelled him to the forefront of a national debate about the effects of harsh approaches to student discipline, says the Washington Post. He has inspired believers all over. One day last month, he advised two Los Angeles judges by phone; a week later, he hosted a contingent from Kentucky in his courtroom. Last year, he spoke in Baltimore, where reforms were underway. “He is very charismatic, but what is causing people to sit up and take notice is that it is all based on data,” says Russell Skiba of Indiana University, who has written extensively on school discipline. Teske’s quest for change hits many of the same notes as widely-reported research from Texas and a new federal discipline initiative started in July by the departments of Justice and Education to help address the “school-to-prison pipeline.”

Teske, 51, says the problem became clear in his early days as a juvenile judge in Clayton County, Ga. School-based offenses were sharply on the rise  — jumping from 46 incidents in 1995 above 1,200 in 2003. These were years when sworn police, called “school resource officers,” were assigned to middle and high schools. Ninety percent of cases were misdemeanors, mostly for the kind of trouble once handled by school principals. “I thought, ‘This is ridiculous,’ ” he says. “They weren’t delinquent kids. ” Teske brought together educators, police, and social service and mental health counselors, parents, and students. They settled on a new protocol for fights, disorderly conduct, disruption, and failure to follow police instructions.

How One Federal Judge Arrived at Sentencing Judgments

Federal appeals court judge Denny Chin, 57, is best known for the 150-year sentence he imposed as a trial judge on Bernard Madoff, perhaps the most well-known white-collar penalty in American history. Chin tells the New York Times the thinking that went into some of the 1,100 sentences he issued starting in 1994.

He quickly learned that preparation was crucial and that he must not agonize over his decisions. One seasoned judge had advised: “Rule and roll.” Be decisive. Don’t second-guess yourself. The Times says Chin's thoughts offered a revealing look at how one judge approached sentencing, which he called “the hardest thing” about being on the bench. “It is just not a natural or everyday thing to do,” Chin explained, “to pass judgment on people, to send them to prison or not.”

Texas Supreme Court Bears Ideological Stamp of Governor Perry

Although Texas Supreme Court justices are elected, Gov. Rick Perry has played a key role in shaping the court through interim appointments, says the Texas Tribune. For example, he appointed Debra Lehrmann last June when Harriet O’Neill stepped down before her term was over. In November, Lehrmann handily beat her opponent to win a six-year term on the Supreme Court. A liberal advocate characterized the Perry court as "staunchly pro-defendant and anti-consumer.”

To date, only one of Perry’s 10 Supreme Court appointees has ever lost an election. Perry has had the opportunity to appoint so many justices in part because of a financial disincentive for judges to remain on the bench once they are eligible to retire with full state benefits and a pension. Salaries in the private sector can be very alluring. Entering an election as an incumbent has advantages. Donors and lobbying groups are reluctant to go against a sitting justice, or one who has the governor’s stamp of approval.

PA Juvenile Judge Sent Away for 28 Years in 'Kids for Cash' Scandal

A federal judge sentenced former Luzerne County, Pa., Judge Mark Ciavarella Jr.--accused in a "kids for cash" corruption scandal--to 28 years in prison yesterday. It appeared to be the longest federal prison sentence ever given in a U.S. political corruption case, said he Philadelphia Inquirer. He had been a key target in an ongoing federal corruption probe which so far has led to charges against nearly 30 officials.

Ciavarella, 61, was accused of conspiring with another judge in the Scranton area to engineer what experts have called the worst juvenile-justice scandal in the nation's history. Two years ago, the federal sentencing judge rejected a plea deal for a seven-year sentence because he felt Ciavarella was not as not remorseful enough. Even after agreeing to plead guilty, Ciavarella continued to insist that there had been no quid pro for the money he received. He repeated that theme Thursday at his sentencing.