Supreme Court declines to hear West Virginia judicial impeachment case

Last year’s drama surrounding the impeachment of West Virginia’s Supreme Court seems to have come to its final chapter. The United States Supreme Court announced that it will not hear a challenge to the decision that halted the impeachment proceedings on separation-of-powers grounds.

Background on the impeachment of the West Virginia justices here, here, here, here, here, here, here, here, here, and here.

More facts emerge in judicial scuffle outside Indianapolis White Castle

Last May, two Indiana state judges were shot in a violent skirmish outside a Indianapolis-area White Castle restaurant. The judges were in town for a state judicial conference, and somehow found themselves on the wrong end of a loaded gun in the early morning hours just outside the restaurant. One judge, Bradley Jacobs, has since returned to work; the other, Andrew Adams, was indicted in the incident and is facing potential judicial discipline. (He is still recovering from his injuries.)

Now more facts have come out about that fateful night. Apparently four judges in all–Adams, Jacobs, Crawford Circuit Judge Sabrina Bell, and Clark County Magistrate William Dawkins–had been involved in a night of heavy drinking, and had made it to the White Castle only after first trying to go to a gentleman’s club and learning it was closed. Dawkins went into the restaurant, and then the scene in the parking lot turned ugly. From the Indianapolis Star:

Adams, Jacobs and Bell were standing outside the restaurant when Alfredo Vazquez and Brandon Kaiser drove past the trio in a blue SUV. Either Kaiser or Vazquez yelled something out the window that prompted Bell, court documents said, to give the middle finger to the men.

Vazquez, according to the charges, then parked his SUV. After he and Kaiser exited the vehicle, a verbal altercation ensued, court documents said. It then turned violent when Adams and Jacobs moved toward Vazquez and Kaiser, the panel said.

Adams and Vazquez both hit and kicked each other, according to court documents, while Jacobs and Kaiser mostly wrestled on the ground. “At one point, Judge Jacobs was on top of Kaiser and had him contained on the ground,” the charging documents said.

Vazquez then tried to get Jacobs off of Kaiser, the panel said. As Jacobs began to get up, Vazquez started fighting him, court documents said.

After Kaiser began to sit up, Adams kicked him in the back, the panel said. Kaiser then pulled out a gun and shot Adams in the stomach, according to court documents. The panel says Kaiser then “went over to Judge Jacobs and Vazquez and fired two more shots at Judge Jacobs in the chest.” Kaiser and Vazquez then allegedly fled the scene.

When medics arrived to treat Adams and Jacobs, Adams told them he drank “a lot of Pabst Blue Ribbon” that night, the panel said, adding that Adams’ blood alcohol level was .213.

The Importance of the Commitment to Judicial Accountability in Massachusetts

A guest post by Lawrence Friedman

In retrospect, the contretemps at summer’s end between the District Attorney’s office and a municipal court judge in Boston looks like a case study on the importance of effective accountability mechanisms in a judicial system. The dispute between prosecutors and Judge Richard Sinnott arose following the arrest of counter-demonstrators during the Boston Straight Pride Parade. Sinnott refused to accept an entry of nolle prosequi – the abandonment of a charge – in respect to certain defendants accused of disorderly conduct, on the ground that doing so would violate a Massachusetts statute that protects victims’ rights. The judge also ordered that a defense attorney arguing in favor of accepting the nolle prosequi be handcuffed and removed from the courtroom.

In addition to attracting a great deal of media attention, Judge Sinnott’s actions came in the wake of both a failed effort to amend the method of judicial selection in Massachusetts, and the release of the Boston Bar Association report, “Judicial Independence: Promoting Justice and Maintaining Democracy,” which defended the Commonwealth’s system of judicial selection through gubernatorial appointment with approval by the governor’s council. The responses to Sinnott’s denial of the Commonwealth’s entry of nolle prosequi and detention of a defendant’s lawyer illustrate ways in which real accountability is possible without abandoning judicial tenure. (Full disclosure: I was a member of the working group that drafted the Boston Bar Association report).

The Massachusetts legislature rejected a recent proposal to amend the constitution to provide that judges be reviewed every seven years, an initiative aimed at ensuring judicial accountability, according to one of the sponsors, for those judges who “make poor legal decisions.” The Boston Bar Association report, on the other hand, highlighted the existing mechanisms through which judges can be held accountable within the existing system. These mechanisms include the appellate process, an enforceable code of judicial conduct, and the promotion of transparency. Each of these mechanisms has worked in the case of Judge Sinnott.

Continue reading “The Importance of the Commitment to Judicial Accountability in Massachusetts”

Iowa courthouse break-ins were arranged by … the Iowa courts?

“This has been quite an odd case,” said one state senator.

Last month, two men were arrested for breaking into the courthouse in Dallas County, Iowa. The same men were charged with burglarizing the Polk County courthouse around the same time. Now it has come to light that they were hired by the state court administration in order to test courthouse security.

The men apparently broke into the Polk County courthouse after hours on one occasion, then had to break back in after they realized they had left some things behind. They were not caught until the third break-in in Dallas County. Last week, Iowa Chief Justice Mark Cady admitted that they had been hired by the court system itself, which had proceeded without notifying law enforcement or any other governmental branch.

Chief Justice Cady apologized for the snafu, and stated that the court system and the security company had “differences in interpretations” of the security company’s contract.

On terrible judicial optics

Over the weekend, Texas state judge Sarah Eckhardt was forced to apologize after a reporter caught her publicly mocking the disability of the state’s governor, Greg Abbott. Eckhardt made her comment while participating on a panel at the Texas Tribune Festival in Austin. The Federalist reports:

At a panel on leftist activism in cities, Travis County Judge Sarah Eckhardt was railing against the Texas legislature, complaining about how the state is constantly thwarting municipal policy. The Republicans running state government, she said, just want to stop whatever good things the cities are doing—whether it’s plastic bag bans, fracking bans, even local tree ordinances!

Then she said, “Governor Abbott hates trees because one fell on him.” The crowd laughed.

As all Texans know, Abbott was paralyzed from the waist down at age 26 when a tree fell on him while he was jogging on a windy day in Houston in 1984. He has used a wheelchair ever since.

Eckhardt’s comment was incredibly crude, even by our low modern standards, and she was right to apologize. But what was she doing at the Tribune Festival in the first place? It is an environment steeped in rough-and-tumble politics: this year’s speakers included Nancy Pelosi, Ted Cruz, Susan Rice, Julian Castro, and Anthony Scaramucci, among others. The panel on which Judge Eckhardt participated was entitled “Civic Enragement” and its description read: “How progressive politics are turning citizens into warriors and cities into battlegrounds.” Her co-panelists were all politicians; the moderator, a columnist for Vox.

This is no place for a judge to be. Of course, judges have their own political leanings, and in Texas they wear their party affiliations on their sleeves. But what message does it send to the public when a judge so plainly aligns herself with partisan politics and partisan ideology? How could anyone who openly disagrees with her politics ever hope to get a fair hearing in her courtroom? Even leaving aside her sophomoric joke about the governor, Judge Eckhardt has permanently stained any chance to build a reputation as an impartial jurist.

Judges have to make sacrifices when they don the robe, including avoiding activities that they might otherwise enjoy. This is not always fair, but it is necessary, as this sorry episode makes clear.

A swap of judges to keep the machinery of justice moving

This is an interesting story from Owensboro, Kentucky. Judge Joe Castlen retired from the local Circuit Court, but agreed to keep working in his position until a new judge could be elected to take his place. And although the election will not take place until next month, we already know the winner: District Judge Lisa Payne Jones, who is the only candidate on the ballot.

Jones’s inevitable ascension to the Circuit Court leaves a hole on the District Court, and the process of filling that seat might take some time. So Judge Castlen, who previously served on the District Court, agreed to fill that seat again until a successor is found — meaning effectively that he will swap places with Judge Jones.

Good for Judge Castlen for agreeing to take on the new role so that the District Court can keep up with its docket. It’s an elegant, if temporary, solution to a curious staffing problem.

Delaware to appeal holding that its judicial appointment process violates the Constitution

Reuters has a very interesting story on the case. Briefly, in April the Third Circuit Court of Appeals held that Delaware’s arrangement for picking state judges violates the First Amendment of the U.S. Constitution because it effectively prevents anyone unaffiliated with one of the two major political parties from holding judicial office. The story explains:

Delaware’s constitution includes two provisions that, according to the governor’s petition, are intended to ensure the political independence of its state judiciary. One provision, known as the “bare majority” requirement, insists that no more than 50% of the judges of the Supreme, Superior and Chancery Courts be affiliated with either major political party. The other clause, dubbed the “major party” provision, requires that Delaware judges be affiliated with one of the two major parties in the state.

In combination, the constitutional provisions maintain the political equipoise of the Delaware courts. But last April, the 3rd U.S. Circuit Court of Appeals ruled in Adams v. Governor of Delaware that the provisions violated the First Amendment right of free association of James Adams, a retired Delaware lawyer who alleged that he could not seek a judicial appointment because he is a registered independent.

The story goes on to identify several important questions raised by Delaware’s scheme. There seems to be little dispute that it has raised the reputation of the state’s courts, but at the same time it reduces judicial appointments to mere partisan politics and undermines both judicial independence and the courts’ legitimacy.

The Supreme Court has not been shy on weighing in on state judicial selection in the past, especially where First Amendment rights are implicated. It will be interesting to see if they take this case as well.