Two Justices of the Supreme Court of Afghanistan were murdered by gunmen on Sunday while driving to work. The identity of the Justices has not been revealed, but reports suggest that both were women.
The Taliban denied responsibility for the attack, notwithstanding its pledge to continue “eliminating” government officials and other prominent figures. The Afghan government and the Taliban are currently engaged in peace talks (such as they are) in Doha, Qatar.
In the wake of the horrific shooting of Judge Esther Salas’s son and husband at her New Jersey home last month, the Judicial Conference of the United States has resolved to seek aggressive legislation and funding to better protect federal judges and their families. The Judicial Conference’s press release, which lays out its proposals, is here.
Let’s hope that Congress acts quickly to provide the necessary resources.
Several sources are reporting that a gunman came to the home of U.S. District Judge Esther Salas yesterday, and shot her son and husband when they answered the door. Her son, age 20, was killed and her husband was badly injured. Judge Salas was apparently in the basement at the time and was not hurt. The gunman, who was apparently dressed as a delivery driver, is still at large.
The motive for the shooting is unknown, although Judge Salas has presided over some high profile criminal cases since taking the federal bench in 2010. Unfortunately, attacks on judges and their families have happened before.
This is very sick, terrible news to start the week.
The California Supreme Court has approved a change to its Code of Judicial Ethics, which would allow state judges to publicly comment on pending proceedings, including their own decisions and decisions of their colleagues. The most important change is to Canon 3B(9) and associated comments. The amended Canon now reads, in pertinent part:
In connection with a judicial election or recall campaign, this canon does not prohibit any judge from making a public comment about a pending proceeding, provided (a) the comment would not reasonably be expected to affect the outcome or impair the fairness of the proceeding, and (b) the comment is about the procedural, factual, or legal basis of a decision about which a judge has been criticized during the election or recall campaign.
These changes have been in the works for some time, a reaction to the ugly 2018 campaign to recall state judge Aaron Persky. The sentiment is understandable, given that judges who produce unpopular decisions are sitting ducks in an election when they cannot even respond to unfair or oversimplified attacks by their antagonists. Permitting judges to at least clarify the context of their decisions, or to comment on the overall qualifications of a fellow judge whose career is being reduced to a single decision, may prevent voters from removing a judge rashly.
But there is still reason to be worried about whether this change will work for the better. Now that judges are permitted to comment on pending proceedings, they have less of an excuse to not comment when pressed by the media or an election opponent. Some judges might feel pressure to comment even when they do not want to do so. Others might choose not to comment and find themselves under pressure to justify that decision. Put differently, in some ways the original canon was cleaner because judges had no choice but to remain silent. Now they have more freedom, and that can be a blessing and a curse.
The new rules go into effect July 1. It will be a development worth watching.
Last week, the Texas appeals courts and judicial agencies suffered a ransomware attack that disabled their IT network for several days. The situation was caught quickly and state court administrators created a temporary website. Officials have stressed that no personal information was stolen, and that the attack had no effect on the courts’ use of online hearings in the wake of the coronavirus pandemic.
Georgia’s state courts experienced a similar ransomware attack last July.
Although no harm seems to have come out of this latest incident, it does underscore the vulnerability of technological networks and the potential effect on the administration of justice.
We have followed the bizarre story of three Indiana state judges who were involved in a violent scuffle outside an Indianapolis White Castle last spring. Two of the judges were shot, and all three were suspended from the bench for their part in the altercation. (All three judges have since been reinstated.)
Now one of the shooters is approaching trial in March. He will apparently argue that he was acting in self-defense.
(Via WDRB.com, with some video featuring still photos of the altercation.)
The American political scene is moving at lightning speed these days, with impeachment proceedings, the Iowa caucuses, the State of the Union, and the government’s response to the coronavirus threat all competing for our attention. But I would be remiss if I failed to note the outrageous question that Senator Elizabeth Warren posed during the impeachment trial last week.
All questions, of course, were required to be written on notecards and passed to Chief Justice Roberts, who read them aloud for response by either the House Managers or the President’s lawyers. Here is what Warren asked:
“At a time when large majorities of Americans have lost faith in government, does the fact that the chief justice is presiding over an impeachment trial in which Republican senators have thus far refused to allow witnesses or evidence contribute to the loss of legitimacy of the chief justice, the Supreme Court, and the Constitution?”
Oh, good grief. Roberts has to preside over the trial — it’s right in the Constitution. Calling into question the legitimacy of the entire Supreme Court and the Constitution during a partisan political skirmish was both cheap politics and degrading to the very foundation of American democracy. And she was roundly scolded for the stunt, from observers on all sides of the political spectrum.
This blog has chastised the President and many others for their similar tendencies to attack the courts’ legitimacy when they cannot achieve their political objectives. Let’s add Elizabeth Warren to that list as well. If she truly wants to improve Americans’ faith in government, perhaps she could start by showing appropriate respect for its institutions and design.
The strange saga of three Indiana judges involved in a shooting outside an Indianapolis White Castle last May has come to an end, at least for now. On Tuesday, the Indiana Supreme Court issued an opinion suspending Judges Andrew Adams, Bradley Jacobs, and Sabrina Bell without pay. The court concluded that Adams and Jacobs had engaged in judicial misconduct “by becoming involved in a physical altercation which Judge Adams was criminally charged and convicted,” and that all three judges engaged in judicial misconduct “by appearing in public in an intoxicated state and acting in an injudicious manner.” (Bell apparently gave an obscene gesture to the judges’ assailants, and Adams got involved in a physical fight in which Adams and Jacobs were seriously shot — more details here and here.)
The story has been worth following, and not only because state judges were shot point-blank in a fast food parking lot. The judges’ drunken and disorderly behavior has brought significant reputational harm to the rest of the state judiciary. After all, they were at a state judicial conference when this drunken encounter took place. This situation is far outside the normal range of damage control for most court public information officers.
And then there is the organizational harm in the form of increased workload for the judges’ coworkers. Jacobs and Bell received a 30-day suspension, and Adams 60 days (some of which has already been served). Someone has to pick up the slack with those judges out, and the courts cannot simply hire new staff to handle the dockets. As it is, the county courts in which the judges work are asking senior judges to take up most of the pending cases until the suspended judges return. A sensible use of resources, to be sure, but it still comes with internal costs.
For their part, the suspended judges appeared contrite. I am sure the entire experience for them has been harrowing, humbling, and literally painful.
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 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.