Judicial Misconduct
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Judicial misconduct occurs when a
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
acts in ways that are considered unethical or otherwise violate the judge's obligations of impartial conduct. Actions that can be classified as judicial misconduct include: conduct prejudicial to the effective and expeditious administration of the business of the courts (as an extreme example: "falsification of facts" at
summary judgment In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, is a Judgment (law), judgment entered by a court for one party and against another party summarily, i.e., without a full Trial (law), trial. Summa ...
); using the judge's office to obtain special treatment for friends or relatives; accepting
bribe Bribery is the corrupt solicitation, payment, or acceptance of a private favor (a bribe) in exchange for official action. The purpose of a bribe is to influence the actions of the recipient, a person in charge of an official duty, to act contrar ...
s,
gift A gift or present is an item given to someone (who is not already the owner) without the expectation of payment or anything in return. Although gift-giving might involve an expectation of reciprocity, a gift is intended to be free. In many cou ...
s, or other personal favors related to the judicial office; having improper discussions with parties or counsel for one side in a case; treating
litigant A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. T ...
s or attorneys in a demonstrably egregious and hostile manner; violating other specific, mandatory standards of judicial conduct, such as judicial rules of procedure or evidence, or those pertaining to restrictions on outside income and requirements for financial disclosure; and acting outside the jurisdiction of the court, or performance of official duties if the conduct might have a prejudicial effect on the administration of the business of the courts among reasonable people. Rules of official misconduct also include rules concerning disability, which is a temporary or permanent condition rendering a judge unable to discharge the duties of the particular judicial office.


In India

Justice C. S. Karnan was sentenced to six months of imprisonment by the Supreme Court of India, holding him guilty of contempt of court. He was the first Indian High Court judge to be sent to prison for contempt while in office.


In the United Kingdom

In the UK, judicial misconduct is investigated by the
Judicial Conduct Investigations Office The Judicial Conduct Investigations Office (JCIO) is an independent statutory office in England whose remit is to investigate allegations of Judicial misconduct. Their offices are located in the Royal Courts of Justice, London. Their role is to sup ...
.


In the United States

A judicial investigative committee is a panel of judges selected to investigate a judicial misconduct complaint against a judge accused of judicial misconduct. Judicial investigative committees are rarely appointed. According to U.S. Court statistics, only 18 of the 1,484 judicial misconduct complaints filed in the United States Courts between September 2004 and September 2007 resulted in the formation of judicial investigative committees.


Notable judges involved in misconduct allegations

* Michigan Supreme Court Justice Diane Hathaway * United States Supreme Court Justice
Samuel Chase Samuel Chase (April 17, 1741 – June 19, 1811) was a Founding Fathers of the United States, Founding Father of the United States, signer of the Continental Association and United States Declaration of Independence as a representative of Maryla ...
, who was acquitted on articles of impeachment * Chief Justice of the Alabama Supreme Court
Roy Moore Roy Stewart Moore (born February 11, 1947) is an American politician, lawyer, and jurist who served as chief justice of the Supreme Court of Alabama from 2001 to 2003 and again from 2013 to 2017, each time being removed from office for judic ...
* Chief Justice of the New Hampshire Supreme Court David A. Brock * District Judge Shelley M. Richmond Joseph * Burlington County, New Jersey Presiding Municipal Judge Dennis P. McInerney- ''Federal judge blasts township court for jailing man who couldn't pay littering fine'' * ''In re James D. Heiple'', No. 97 CC 1 (4/30/1997) (Respondent, Chief Justice of the Illinois Supreme Court, was censured for conduct that is prejudicial to the administration of justice and brings the judicial office into disrepute for violating the Code of Judicial Conduct, Illinois Supreme Court Rules 61 and 62(A).  Specifically, Respondent belligerently volunteered information that he was a member of the judiciary (e.g., "Do you know who you are talking to?"  "Do you know who I am?") after being detained by police who suspected that he had violated traffic laws.  Moreover, on three occasions, Respondent displayed an Illinois Supreme Court Justice identification credential to law enforcement to avoid receiving traffic citations.  Respondent knew or should have known that communicating such information was likely to influence the officers who were investigating him and would be perceived by them as an attempt to use his judicial office to preclude being charged with traffic violations.)


See also

*
Disbarment Disbarment, also known as striking off, is the removal of a lawyer from a bar association or the practice of law, thus revoking their law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduc ...
* Duty to report misconduct *
Judicial activism Judicial activism is a judicial philosophy holding that courts can and should go beyond the applicable law to consider broader societal implications of their decisions. It is sometimes used as an antonym of judicial restraint. The term usually ...
* Judicial corruption *
Judicial immunity Judicial immunity is a form of sovereign immunity, which protects judges and others employed by the judiciary from liability resulting from their judicial actions. It is intended to ensure that judges can make decisions free from improper influen ...
*
Judicial interpretation Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United St ...
*
Judicial murder Judicial murder is the intentional and premeditated killing of an innocent person by means of capital punishment; therefore, it is a subset of wrongful execution. The ''Oxford English Dictionary'' describes it as "death inflicted by process of law ...
*
Kangaroo court Kangaroo court is an informal pejorative term for a court that ignores recognized standards of law or justice, carries little or no official standing in the territory within which it resides, and is typically convened ad hoc. A kangaroo court ma ...
*
Legal abuse Abuse is the act of improper usage or treatment of a person or thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, ...
*
Malfeasance in office Malfeasance in office is any unlawful conduct that is often grounds for a Just cause (employment law), just cause removal of an elected official by statute or recall election, or even additionally a crime. Malfeasance in office contrasts with Mi ...
*
Sentencing disparity Sentencing disparity or ''sentencing discrimination'' is defined as "a form of unequal treatment in criminal punishment". Variation among judges Two judges could be faced with a similar case and one could order a very harsh sentence while another ...


References


External links


Above the Law: Judicial Misconduct
– Site specializing in news on the topic {{DEFAULTSORT:Judicial Misconduct Judicial legal terminology