Monday, July 9, 2012

Elected, experienced judges more likely to be disciplined

State judges who were elected, worked in smaller communities or had been previously disciplined were more likely to be sanctioned for misconduct during the past two decades, according to figures from the California Commission on Judicial Performance.

California imposed 878 disciplinary actions against trial court judges from 1990 through 2011, according to the commission, which investigates complaints against the state's judiciary.

More than half of the disciplinary actions between 1990 and 2009 involved judges who had been previously sanctioned, according to a recent study conducted for the commission.

“When we see repeat offenders, the bells should go off, because it means that it is not just a problem with the judges, it is a problem with the oversight itself,” said Laurie Levenson, a law professor at the Loyola Law School in Los Angeles who specializes in judicial ethics.

Commission officials dismissed such concerns.

"The commission takes the obligation to protect the public very seriously," said Victoria Henley, the agency's director-chief counsel. "There may be some instances where the commission gives a judge another chance. And usually it is because the judge has taken steps to avoid a problem reoccurring."

The most common violations involved judges who failed to disqualify themselves from cases to avoid conflicts of interest, denied someone's constitutional rights or lacked decorum in the courtroom, the report found. The review did not offer specifics on the judges who were sanctioned.

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Elected, experienced judges more likely to be disciplined

1 comment:

Norma said...

As cynical as I realize this sounds, experienced judges are those easily tainted. They know the system; they become callous; and they have the big egos.