Ugly campaign tactics in upstate New York judicial race

Law.com reports on a campaign mailer sent to residents of Sullivan County, New York, which accuses a Democratic judicial candidate of being a socialist and favoring the legalization of drugs. Her Republican opponent has taken full credit for the mailer, which was designed to look like a local newspaper. The accused candidate has denied the allegations of socialism and drug legalization, and has filed a complaint with the state broad of elections.

Judicial candidates acting injudiciously.

 

(Even more) corruption of the judiciary in New York City

The New York Times periodically turns over the rock known as judicial selection in the Big Apple, and lo and behold, the nasty little critters underneath always seem to be thriving. This time it’s a story on corruption in the Bronx, where a Democratic party boss seems to have punished a local judge for refusing to hire his hand-picked crony as a “confidential assistant.”

What a colossal embarrassment. Why do New Yorkers tolerate this?

 

On the politics of judicial identity

Two recent stories illustrate the slippery role that stereotypes and identity politics play in state judicial elections. In Louisiana, judicial candidate Ron Johnson appeared in campaign ads wearing his twin brother’s judicial robe and calling himself “Judge Johnson.” (His brother is a sitting judge.) Johnson admitted his mistake and accepted responsibility for it, but the intent was clearly to send the message that he was an incumbent judge — and probably to take advantage of the professional goodwill his brother had already amassed on the bench.

Elsewhere, Caroline Cohen defeated three other candidates for a seat on the civil court bench in Brooklyn’s 6th judicial district last Tuesday. But one of her opponents, Tehilah Berman, charges that Cohen — nee Caroline Piela — took her husband’s identifiably Jewish last name shortly before the election in order to attract Orthodox Jewish voters in the district. Cohen apparently also ran ads in Jewish publications with the Biblical injunction “Justice, Justice shall you pursue.” Berman, who finished last in the race, claims that Cohen deliberately presented herself as a devout Jew in order to draw in votes.

We have seen sketchy campaign behavior before, including judicial candidates cynically manipulating their names for electoral gain. Last year, an even more egregious example was set when Chicago lawyer Phillip Spiwack named changed his name to Shannon O’Malley on the theory that a female, Irish name would make him a shoo-in with Cook County voters. Sadly, it worked. In another recent incident, a Nevada judge seeking reelection photoshopped Dwayne “The Rock” Johnson alongside her in a print ad, even though he had never endorsed her candidacy.

But seeing these two most recent incidents side by side was particularly striking, because they both undermine public confidence in the judiciary, but in opposite directions. Ron Johnson’s impersonation of a sitting judge preyed on the positive stereotypes that voters associate with the judicial robe. As I explain in part here, citizens associate the generic judge with a high level of impartiality, dignity, and inherent sense of fairness.  When a judicial candidate dons the robe and is later found to have acted unethically, positive associations with the robe and the judiciary go down.

Caroline Cohen’s name switch (occurring as it did months before the election, and after 13 years of marriage) was arguably even worse, as it sought to take advantage of the modern identity politics that have been sown so dismayingly at the national level. Cohen was banking on Orthodox Jewish voters choosing “one of their own” at the polls, having done no other homework on the candidates or their qualities and qualifications. She turns out to have been correct in that assumption (and indeed, similar behavior has been recorded in various parts of the country for decades), but at what cost? The entire episode moves public beliefs about the judiciary away from the ideals of neutrality, experience, and competence, and closer to the cynical wisdom of “she is one of ‘my’ people, and will put a finger on the scale for me if I ever need it.”

Modern politicians use identity politics divisively to create natural voter bases, and to later whip those bases into a froth with perceived slights against their group. The whole premise is degrading, dehumanizing, and de-democratizing, albeit an effective tool in our troubled times for the small-minded politician. Judges and judicial candidates, however, can never afford to peddle in the cramped and dark politics of identity. In doing so, they give away their greatest assets: the promise of equal justice for all.

Another major conflict of interest in Brooklyn’s judicial elections

The chicanery surrounding judicial elections in New York City, and especially Brooklyn, will come as no surprise to longtime readers of this blog. But here we go again:

Brooklyn lawyers who decide who can get the crucial Democratic ballot line to run for prized judicial seats are getting jobs as legal guardians and referees from the very judges they’re charged with reviewing — and their law firms are appearing before those same judges in active cases.

Of the 25 attorneys listed as serving on the Brooklyn Democratic Party’s judicial screening panel in 2019, at least five have been given jobs as court-appointed lawyers by the judges they’re tasked with reviewing, the Daily News has learned.

Previous coverage of the Brooklyn’s high quality approach to selecting judges here, here, here, here, here, and here.

A fabulous look inside a “traveling court”

The Wall Street Journal has a terrific piece on the day-to-day workings of New York City’s Office of Administrative Trials and Hearings, a court that deals with nearly 1 million cases a year but remains virtually unknown. The court is charged mostly with adjudicating minor criminal offenses and regulatory violations, like errant recyclables and excessive noise. But the job is important: many people who do not address a summons promptly can later find themselves in civil court with much larger fines.

The court has taken an aggressively friendly approach to encourage the accused to show up and contest their case, advertising its existence at swimming pools and community events, and even offering tote bags. And it’s worth it to show up — almost 50% of those who do win their cases.

“We have one goal,” said Deputy Commissioner John Castelli. “To ensure people get due process.”

I absolutely love this. A taste of due process at this level ensures justice and vastly increases public appreciation for the courts and the legal system.

(Access to the story may require subscription.)

 

A call for better ethics training for New York’s town and village justices

The practices of New York State’s “village justices” have long been the subject of deep concern. These judges are empowered to hear a variety of low-stakes cases at the local level. But most lack any legal training, resulting in poor practices, questionable procedures, and misapplications of the law.

Perhaps this type of local magistrate made sense in the nineteenth century, when it was necessary to have a judicial figure in each town or village to address on-the-spot legal disputes. But the continued practice raises a variety of significant, ongoing ethics concerns.

In 2006, the New York Times published an expose on the questionable practices of village justices, finding examples of judicial intimidation, open racism, jailing defendants capriciously and without bail, and willful ignorance of applicable law.

Not much happened in response. But this week, the issue roared back once again. New York State’s Commission on Judicial Conduct published a report emphasizing (perhaps unsurprisingly) that the most frequent and common ethical lapses in the state judiciary are committed by town and village justices who lack legal training. Examples of such lapses include posting case details on social media, and failing to create a record of any court proceedings for eight years.

There are currently no plans to change the system. No surprise there, either.

The argument for overhauling judicial selection in New York

Ross Barkan has a compelling article with an evergreen headline: It’s time to reform New York’s machine-controlled judicial system.

I would add as (recent) Exhibits A-G:

New York City faces few takers for interim judicial appointments

Judicial aspirants brown nose at Brooklyn Democratic fundraiser

Another voice against de facto party control over the New York courts

“Insurgent” judicial candidates in Brooklyn continue their fight against machine politics

Brooklyn judicial candidates accuse local party chief of holding illegal fundraiser for their opponents

New York judicial candidate has spent over $33K from campaign coffers on other candidates and causes

Brooklyn judicial elections take an even more dismaying turn