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In "State Bar Associations Can Aid Imperiled
Judiciary" (Forum, Sept. 14), Alfred P. Carlon Jr., chair of the
American Bar Association's Standing Committee on Judicial
independence, wrote that federal and state judges are under
increasing attack from "groups with narrow, single-issue agendas"
that want to "intimidate judges into doing... what is
politically correct."
On my first read, Mr. Carlton's piece seemed
somewhat responsible, claiming the concern is about judicial
independence and checks and balances. He is correct that the
judiciary is "imperiled." However on closer look, I have
concluded that Mr. Carlton's arguments are mistaken and appear more
like cheerleading for the powers that be.
What actually is needed is more judicial
accountability, not independence. And rather than protecting
the judiciary from criticism, lawyers should be protecting the
public from miscreant judges - and protecting the judges from
themselves. Let me explain.
Suggesting that bar associations come to judges' aid
is like asking the foxes to guard the hen houses. Today,
almost every judge is a former lawyer (and the legislative and
executive branches also are populated with an inordinate amount of
attorneys). Also many lawyers, for self-interest (and that of
their clients), attempt to curry favor, or worse, with
judges.
In California the last few years have shown the State
Bar itself has been "imperiled" - with dues disputes, political
agendas, discipline and minimum continuing legal education problems,
to name a few. The bar has its hands full trying to keep its
own head above water. My reading has shown several other state
bars suffer from the same. State bars (and the ABA) should
clean up their own acts first, before attempting to offer anyone
else such help or advice.
The judiciary is fully capable of defending itself,
and it clearly has the power to. This is due to lifetime
appointment for federal judges; self-granted immunity from civil
suit for judicial acts; and a government attorney furnished when
such suits are brought. In California, when a formal complaint
is filed against a judge with the Commission on Judicial
Performance, it is kept "confidential." The CJP members and
staff, like the judges, have "immunity" for their conduct.
Also, other judges review the ultimate disposition of any final
action taken against a fellow judge.
Mr. Carlton said: "Last year, Tennessee became
the first state to receive ABA assistance." No one can argue
that Tennessee needs assistance, but the quarrel is over helping or
handling its judges, and with what source will provide the
aid.
For example, "Critics Say TV Judge Cannot Serve Two
Masters" (Aug. 30), reported: "The Tennessee Supreme Court
recently reviewed [Judge Joe Brown's] court attendance and denied
his request to have a regular substitute fill in while he is in Los
Angeles taping his show." Where is the Tennessee State Bar
regarding Judge Joe Brown? Where are his
colleagues?
And where was the Tennessee State Bar (or all the
lawyers in that state or the ABA) regarding the saga of Dyersburg,
Tenn., Chancery Judge David W. Lanier, who's predatory black-robe
sexual advances dated back to 1979, yet were ignored by county and
state authorities?
Lanier was the son of the county's Democratic
political boss and his brother was the county district
attorney. In 1992, federal prosecutors finally stepped in and
a federal grand jury in Memphis later indicted Lanier on 11 counts
of sexual assault, including two rapes. The jury convicted
Lanier on five counts and the trial judge gave him a 25-year
prison term.
Then, in 1995, his esteemed brethren on the 6th U.S.
Circuit Court of Appeals (in a 100-5 en banc decision) set Lanier
free on the ground that 18 U.S.C. Section 242 "does not specifically
mention or contemplate sex crimes" and that "it is not publicly
known or understood that [the right not to be sexually assaulted]
rises to the level of a constitutional right."
Next, probably acting more out of embarrassment than
justice, the U.S. Supreme Court in March 1997 reversed the 6th
Circuit and affirmed Lanier's conviction. However, Lanier did
not turn himself in and instead chose to become a fugitive. A
national manhunt was initiated for the fleeing felon. He later
was featured on "American's Most Wanted," and in October 1997 was
apprehended in Mexico and turned over to U.S. authorities at the
border.
Of course, in California, we have former Los Angeles
Superior Court Judge George W. Trammell III. An Orange County
Superior Court judge hearing a habeas corpus petition found that
Trammell allegedly had coerced sex from a woman he had tried and
placed on probation. She was the wife of the defendant who
filed the habeas corpus petition.
Like ex-judge Lanier, it seems it will be a crap
shoot whether ex-judge Trammell will ever be brought to
justice. He has not yet been charged with a crime. Maybe
that is because, as pointed out in the Los Angeles Times, there is
"insider justice" due to the existence of an "inappropriate
relationship between the judiciary and prosecution. The vast
majority of judges are ex-prosecutors, and many current prosecutors
aspire to become judges. As such, the system is essentially a
closed fraternity." Trammell is a former Los Angeles County
prosecutor. Charles T. Lindner, "L.A. County's Dual Standard
of Justice Marches On," Los Angeles Times, Jan. 11, 1998, at
M.6.
Judicial corruption damages the integrity of the
legal system more than anything else. It can corrupt and
undermine an entire nation; it invites anarchy. What is needed
is more judicial accountability, not judicial independence.
How often we forget, in America it is the people who are sovereign -
not his or her honor. |