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.
Arkansas prosecutor Stephanie Potter Barrett, who is seeking a seat on the state’s Court of Appeals, has come under criticism after it was revealed that her aunt was collecting signatures to get Barrett on the ballot inside the courthouse. More distressingly, at least one of the signatures favoring Barrett’s candidacy was from a juror seated in a murder trial which Barrett was prosecuting.
Barrett insists that she did nothing wrong; she did not collect the signatures herself, and she argues that the courthouse is a public space at which collection of signatures is permitted. But others are not so sure: several ethics experts pointed out that judges cannot use the courthouse to engage in political activity, and suggest that a judicial candidate should be equally restricted. The defendant in the murder trial is also seeking a mistrial based on the juror signature.
It is entirely possible that Barrett really believes that she has done nothing wrong. And it is also entirely possible that the juror who signed the petition knows nothing about Barrett, or even associated her petition with the individual prosecuting the case. (Some people will sign anything.) But the optics are terrible. The courthouse appears politicized, and the fairness of the murder conviction is in doubt.
Reasonable people may differ over the propriety of choosing judges through a direct election. But elections open the door to these kinds of stories, and these kinds of stories erode public confidence in the judiciary and the administration of justice itself.
Shelley Joseph, the Massachusetts state judge who has been charged with helping an illegal immigrant evade an ICE official in her courthouse, has rejected a plea deal from federal prosecutors. Joseph was suspended from the bench after her arrest.
Joseph’s alleged actions have caused enormous controversy in the Bay State, raising difficult questions of federal-state relations, access and safety in state courthouses, and a wealth of moral and ethical considerations.
MassLive has a full report for those following this story closely.
There has been quite a bit of shock this week over new French legislation that bans anyone from publicly revealing the pattern of judges’ behavior in court decisions. Article 33 of the Justice Reform Act would impose a prison sentence of up to five years for anyone who uses the identity of judges or magistrates “with the purpose or effect of evaluating, analyzing, comparing or predicting their actual or alleged professional practices.”
The law seems targeted to a growing number of legal analytics firms in France and elsewhere, which use technology to look for patterns in judicial decisions in order to predict future outcomes. But the law is written broadly, and could also apply to lawyers, legal academics, good government groups, and others who study the courts and judicial decisionmaking.
The new law is wildly disproportionate and draconian — five years in prison for simply analyzing publicly available documents? But the motivation behind it is more understandable than you might think. More after the jump.
Continue reading “Why did France just outlaw legal analytics?”