Judging the Judges

Esq.

Judging the Judges

by Victoria Schlesinger | July 2012

December 2007

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This year as in past years, the state's Commission on Judicial Performance published a report chronicling the bad behavior of California's judges. And like previous surveys, what this year's report shows most dramatically is how rarely judges are disciplined. As of 2011, there were 1,786 judges on the bench. But over the past half century, only 25 judges have been removed from office and just 48 were publicly censured. Some of those punished had accumulated a long laundry list of commission admonishments. Others were caught in egregious behavior, like Judge Patrick Couwenberg of Los Angeles County Superior Court, who in 2002 was found to have lied about his judicial credentials and service in combat. And impairment sometimes contributes, as in 1977 when Supreme Court Justice Marshall F. McComb was found to be suffering from senile dementia.

Reader Comments

Comment by Sharon Johnson - July 6, 2012
Great article

Comment by Ron Branson - July 15, 2012
The Commission on Judicial Performance, (created under another title in 1960), has an atrocious record of covering for California judges. I have dealt with the CJP on several occasions within the past thirty years, and have only received the common "form" letter of cover-up following the general format, At our May 2012 meeting of the Commission on Judicial Performance, it was determined that your complaint against a California judge did not constitute a matter of with this commission deemed cognizable for judicial discipline. Thank you for writing to the California Commission on Judicial Performance. Signed xxxx and stamped both inside and out of the letter in large red letters, "CONFIDENTIAL" In April of 1995 I wrote the below California Initiative, and copyrighted it in the Library of Congress. In 1996 the California Legislative Analyst wrote up a very good analyst of this measure, of which I could hardly improve upon. Judicial Accountability Initiative Law (J.A.I.L.) (California Initiative - Ver. 2-7-07) Preamble. We, the People of California, find that the doctrine of judicial immunity has been greatly abused; that when judges abuse their power, the People are obliged - it is their duty - to correct that injury, for the benefit of themselves and their posterity. In order to ensure judicial accountability and domestic tranquility, we hereby amend our Constitution by adding the following provisions as Sec. 32 to Article I, which shall be known as "The J.A.I.L. Amendment." 1. Definitions. To avoid absurd results, words shall be given their plain, ordinary and literal meanings; and where appropriate, the singular shall include the plural and vice-versa. For purposes of this Amendment, the following terms shall mean: Judge: A judicial officer hearing and adjudicating legal actions and proceedings within the judicial branch of government (to include arbitrator, mediator, or a private judge, any of whom is assigned by a court to hear involuntary proceedings). This definition shall not be construed to mean trial juror, prosecutor, or any administrative official

Comment by Susan Harman - July 15, 2012
One would think that having been convicted of war crimes would count as egregious behavior, but Jay Bybee still sits on the 9th Circuit Court of Appeals. In May he was tried and convicted by the Kuala Lumpur War Crimes Tribunal. He needs to be referred for impeachment or simply removed.

Comment by anonymous - July 16, 2012
Victoria, please, call me 949-683-5411, I have important information for you

Comment by Dr. Richard Cordero, Esq. - August 28, 2012
If you found the statistics on California judges to reveal the unequal protection from the law reserved for them, you will find the statistics on federal judges to be outrageous. For instance: On 30sep11, there were 2,131 judges –including justices and magistrates– in office13; however, in the 223 years since the Judiciary’s creation in 1789 the number of federal judges impeached and removed is eight14. The Judiciary has allowed its chief circuit judges to dismiss systematically and without investigation 99.82% of the complaints filed against their peers in the 1oct96-30sep08 12-year period.19 In that period, its judicial councils –the circuits’23a all-judge disciplinary bodies– denied up to 100% of the petitions to review those dismissals, as did the 2nd Circuit’s council, of which Then-Judge, Now-Justice Sotomayor was a member20. She too unequally protected her peers from the law regardless of the nature and gravity of the complaints against them, exempting them from any discipline without even investigating the complaints. See the above blue-text references to the official statistics of the Administrative Office of the U.S. Courts at http://Judicial-Discipline-Reform.org/2012_E/DrRCordero_jud_unaccountability_reporting.pdf. What these statistics reveal is that federal judges’ wrongdoing has become the institutionalized modus operandi of the Federal Judiciary. A case in point is described at id. >xxxiii. My proposal to expose their wrongdoing by taking advantage of the presidential campaing is set forth at id. >i and xxv.

Comment by joebanana - September 1, 2012
Not being of the legal profession myself, but through observation and some research it is blatantly obvious that the US judicial system is nothing less than an organized crime syndicate. A "good ol boy's club" if you will. The glaring criminality in our courts is repulsive, and the lack of "honor", and integrity has become more apparent over the past few years, as judges clearly disregard the law, cannons, and human decency. One example: The occupant of the White House is a fraud, wait, before you dismiss me as crazy, consider this. He has three alias's, he posted a forged COLB, actually two. He is using a stolen SSN. His selective services registration is forged, he has admitted to being born in Kenya, and all of his past records are sealed. This is from an official Sheriff's criminal investigation. He's produced absolutely no legitimate documentation as to his true identity. This is a national security breach of epic proportions. Case after case of identity fraud has been dismissed by numerous judges on questionable grounds. The court system in the USA is a joke.

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