The multi-year battle between Poland’s ruling Law and Justice Party (PiS) and the state’s judiciary took another ugly turn this week, when it was revealed that deputy justice minister Lukasz Piebiak orchestrated a secret effort to blackball judges who were critical of the party. One of the main targets was Judge Krystian Markiewicz. According to reports, Piebiak and a woman known only as “Emilia” planned to anonymously send material with rumors about Markiewicz’s private life to his home, as well as regional branches of the judicial association Iustitia.
This section of the conversation transcript between Piebiak and Emilia is eyebrow-raising:
Emilia: I will talk to journalists and send letters, anonymously by email and also by post. The only problem is I don’t have addresses and emails. I will do everything I can, as always, but won’t vouch for the result. I hope they won’t jail me.
Piebiak: We don’t imprison people for good deeds.
With the story consuming the news, yesterday Piebiak tendered his resignation. This is an obvious black eye for the PiS with national elections coming in October. But given the party’s unrepentant attacks on the judiciary and the rule of law over the past four years, it’s hard to believe that any real lesson has been learned.
Judge Bradley Jacobs, who presides in the Clark County (Ind.) Circuit Court, will return to the bench after spending three months recovering from a gunshot wound. Judge Jacobs and a colleague, Drew Adams, were shot outside a White Castle restaurant in Indianapolis in the wee hours of the morning on May 1. They were in town for a judicial conference.
Judge Adams, the gunman, and one other man have been charged in the incident. Judge Adams has since been suspended from the bench for his role in the fight. Judge Jacobs was not charged.
In early May, a thoroughly bizarre and tragic story came out of Indianapolis. Two Indiana state judges, in town for a statewide judicial conference, had been shot outside a White Castle restaurant in the wee hours of the morning. Both men survived the shooting, and police concluded early on that they had not been targeted because they were judges, but the incident left the entire state judiciary shaken.
Now another strange turn: one of the injured judges, Andrew Adams, has been indicted by a grand jury for his role in the incident. He faces seven counts of low-level felony and misdemeanor charges.
The prosecutor has been very careful to stress the complicated nature of the investigation, which involved two grand juries and everyone claiming self defense. In the meantime, the Indiana Supreme Court has suspended Adams without pay, pending the outcome of the criminal charges and any related disciplinary proceeding.
I did not post about the shooting when it happened because the facts seemed so uncertain. But moving forward, the story certainly bears watching.
The relentless threats to the Polish judiciary from the state’s ruling “Law and Justice” party have taken yet another distressing turn. Just Security reports on the state’s new Disciplinary Office for Common Court Judges, designed to control and punish individual judges who stand up for the rule of law. As the article notes:
Together with the politicization of the Disciplinary Chamber, the message is clear for all members of the judiciary: follow the party line or face the consequences. Indeed, there are early indicators that most of the disciplinary actions taken against judges so far have targeted judges who have been outspoken on issues of judicial independence and the rule of law.
Two stories coming out of India caught my eye this past week. The first was an op-ed discussing the ongoing debate about the use of MBA-qualified court managers to gain better control over the administration of the court system. Given the shocking backlog and delay in many of India’s courts, appointing special managers to help streamline the case management process makes good sense. But as is the case with most organizations, the introduction of “outsiders” to clean up an internal mess poses a threat to those already working within the system. Fixing this will require a cultural shift within the Indian court system, probably from the top down. But it will not be easy.
In an unrelated story, but one reflecting some of the same difficulties, an attorney was held in contempt of court and jailed for one month for making disparaging remarks about the court on Facebook. The court referred to the “judge bashing” as a form of browbeating, terrorizing, or intimidating judges.
I cannot find the exact social media post that instigated the contempt charge, so I cannot tell whether the lawyer’s actions were an anomaly or something more pervasive. But the whole story suggests an unhealthy relationship between court and counsel. Attacking the courts on Facebook is childish and unprofessional. But jailing a lawyer for a social media post is (at least seemingly) thin-skinned and cowardly. Unless the post called for violence against judges or the court system, a contempt proceeding would seem to do more harm to the courts than a Facebook post ever would.
UPDATE: The entire contempt order can be found here. It does appear that the lawyer’s Facebook comments were pretty obnoxious (although I am not culturally suave enough to decode them entirely). But the court’s 45-page defense of judicial independence and the “majesty of the law” also seems very over the top. Quoting Othello is a particularly odd, cloying touch. A shorter, sterner statement could have addressed the court’s concerns without making the judges appear so professionally and emotionally fragile.
This story out of Toledo suggests that the answer is yes.
This trend is not entirely surprising, given the high-profile, violent attacks on judges in recent months. But it’s not at all clear whether–and how–concealed carry by judges would affect the regular work of courthouse security staff.
An interesting, and somewhat sad, development.
This depressing story relates the brutal public invective that some family court judges in Connecticut have recently experienced–including a slew of anti-semitic, racist, and homophobic slurs. And it’s not just on social media. Opponents of the judges have erected vicious billboards on interstate highways, and have shown up to public hearings provocatively dressed to draw attention to their hatred of the judge.
The problem is compounded, first, by the nature of family court cases, which are often highly emotional and difficult. The well-accepted standard of doing what is in the “best interests of the child” is easy to state, but not to easy to apply. A second aggravating factor is the ongoing political fight between Connecticut’s legislators and Governor Dannel Malloy over judicial appointments and reappointments. And, of course, delays and court costs only add to the stress of the litigant experience.
So there is much room for improvement. But obviously no judge (indeed, no person) deserves to be attacked based on race, gender, religion, sexual orientation, and the like.