Another Brazilian court will hide its judges’ identities to protect them

The Rio de Janiero State Court in Brazil will begin prosecuting corruption cases through special “faceless” courts designed to hide the identity of the presiding judges. It is the seventh Brazilian state to implement such a system. The change is coming after more than twenty judges received police protection from death threats by gangs and organized crime.

Under the new system, three judges will rotate every sixty days and all decisions will be signed by the principal judge. Variations of the system were used to protect judges in Colombia in the 1990s.

This is obviously an extreme development, and the safety of the judiciary must be taken seriously. But it comes at a serious cost — the accused will not be able to know the identity of, the very person who will be condemning them to prison (or worse). It’s a dark moment for everyone when due process must be diluted for the sake of judicial safety.

Judge indicted in White Castle scuffle that led to his own shooting

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.

A spate of frightening threats against U.S. judges

A number of stories in the last few days have revealed a disturbing collection of verbal threats to judges, many occurring in the courtroom. Happily, no one was harmed, and the perpetrators have been charged and/or convicted. But yikes. Even accounting for the mental and emotional imbalance of those making the threats, no one should have to tolerate this in his or her workplace.

Death threats against Bosnian judges

Two senior judges in Bosnia received threatening text messages over the weekend.

Ranko Debevec, president of the Court of Bosnia and Herzeoginva, which handles cases of war crimes, terrorism and organised crime, told BIRN he received a text message that began with the word ‘fatwa’, a ruling on Islamic law.

The message accused him of cooperating with the Israeli intelligence agency Mossad and said he had been sentenced to death.

Jadranka Lokmic-Misiraca, vice-president of Bosnia’s judicial overseer, received a similar death threat the same day.

Let’s hope that police officials take these threats seriously, and bring the perpetrators to justice.

 

Are more judges arming themselves in self-defense?

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.

Connecticut family court judges under attack

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.

Venezuelan judge seeks refugee status in Canada

The swirling political and financial chaos in Venezuela has been closely coupled with the ongoing desecration of judicial independence by President Nicolas Maduro’s regime.

Now the evidence of that desecration is starting to gush out.  Toronto’s Globe and Mail has published a story on Venezuelan judge Ralenis Tovar, who fled to Canada with her family in July and is now claiming refugee status there. Judge Tovar alleges that as a judge in Caracas, she was forced to sign arrest warrants for Maduro’s political enemies.  She further claims that the Maduro government tapped her phones and even attempted to kidnap her daughter from school.

From the Globe and Mail interview:

On her way home from work on Feb. 12, 2014, Ms. Tovar received a series of phone calls from an unknown number. Assuming it was an inmate, she didn’t answer. Then the president of Venezuela’s Supreme Court phoned and told her to pick up the calls. She did and was told to head back to the office.

Ms. Tovar said the court was surrounded by the National Guard and military intelligence officers when she arrived. She was greeted by four public prosecutors, who guarded her office’s door as she sat down.

She was given a folder with three arrest warrants inside. She said she didn’t recognize the first two names, but was shocked when she read the name on the third warrant: Leopoldo Lopez.

“I felt petrified because internally I knew what was the purpose of that warrant, which was to silence a political leader who was an obstacle for President Maduro,” Ms. Tovar said.

Given that it was 2 a.m., Ms. Tovar asked the prosecutors if she could review the warrant the next day. She said they laughed sarcastically and told her that if she didn’t sign it, she would end up like Maria Lourdes Afiuni, a Venezuelan judge who was allegedly raped in prison in 2010.

Terrified, Ms. Rovar signed Mr. Lopez’s arrest warrant.

Judicial independence and political freedom go hand in hand.  When one erodes, the other cannot be far behind.