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NEW YORK - When Judge Lorin Duckman
first came to wide public attention in 1996 it was for lowering the
bail of a man charged with beating and threatening his girlfriend
and ignoring court orders to stay away from her. The man was
then released, and three weeks later he killed his girlfriend and
himself.
But when New York state's highest court ruled last
week that Duckman could be stripped of his judgeship, that case was
not part of its decision. Instead, he was banished from the
bench for a long record of behaving imperiously and preposterously
in his Brooklyn courtroom.
The killings served only to shine a spotlight on
Duckman's misbehavior, which had been widely known among lawyers who
had appeared before him but did not cause judicial authorities to
take action against him.
On one occasion, Duckman decided to dismiss a case
without hearing the district attorney's arguments. According
to court documents, he was especially nasty to prosecutors, telling
one that he probably got his law license on the back of an orange
juice carton and another that he would prefer she appear in his
courtroom in short skirts.
Duckman's erratic and tyrannical behavior is hardly
unique. "Megalomania is an occupational hazard for judges,"
said Professor Paul Carrington of the Duke University Law School,
noting that a trial judge inevitably has a great deal of power over
everyone on the courtroom. "Judges can get awfully full of
themselves," he said. "Put it this way: Everybody laughs
at the judge's jokes."
Prosecutors and public defenders in any city are able
to point to errant Judges who are local legends, but they typically
do so only among themselves.
They really are intimidated by the fear of
retaliation," said professor Monroe Freedman of the Hofstra Law
School. "They usually think they can't complain because they
will eventually have to appear before the judge and he will take it
out on them."
Yet some jurists, like Duckman, do manage to become
infamous. Brian Duff, until recently a federal trial judge in
Chicago, was the subject of courtroom chatter for several
years. He once ordered the arrest of his personal clerk and
had her held in contempt and fined $20 after a quarrel in which he
complained she had handed him a file facing the wrong way. She
was held in custody for an hour.
Duff refused to accept briefs unless they spelled out
his middle name, Barnett, and once mused aloud during a criminal
trial that he had recently been on a flight where a female attendant
had wonderful legs.
The Chicago Council of Lawyers finally issued a
report that said Duff's "outbursts go far beyond the range of
irascibility that judges sometimes show towards lawyers." The
report also hinted at why judges may feel they are above
criticism: "Some lawyers report that the only way to avoid
Duff's ire is to grovel and constantly flatter
him."
The few instances in which judges are removed from
the bench usually follow notorious publicity.
In the case of Duckman, Gov. George Pataki asked the
State Commission on Judicial Conduct to remove him following the
bail-lowering incident.
Unlike most state judges, federal judges have life
tenure and can only lose their jobs after impeachment by Congress, a
rare occurrence that usually follows a criminal conviction.
Duff retired shortly after a drunken driving
arrest.
Another egregious example of judicial arrogance in
New York occurred in 1975, when Judge William Perry of Suffolk
County court had a Marshall bring into court in handcuffs a man who
operated a refreshment truck outside the courthouse because the
judge thought his coffee tasted bad. Perry was later thrown
off the bench, not for abusing his office but for lying about the
incident to a disciplinary panel.
Murray Richtel, a state trial judge in Boulder, CO,
said a big part of the problem was that judges are obliged to keep a
seemly distance from lawyers and others.
"It's a job that's isolating and they are deprived of
the opportunity to have feedback as to their behavior," he
said. "You get very little criticism from the people in front
of you and you don't hear the truth about your performance.
You can get deeper and deeper into a pattern of behavior that's
wrong and not even suspect it."
Judge William Schwarzer, a senior federal trial judge
in San Francisco and the former director of the Federal Judicial
Center in Washington, said, "Much of the misconduct of judges in the
courtroom is a reflection of their insecurity."
He added that most people viewed judges as being in
total control. "But when you're up there having to deal with
attorneys at each other's throats arguing about tough issues, you're
under an awful lot of pressure," he said.
Judges who are unable to handle that kind of
pressure, Schwarzer said, resort to arbitrary and sometimes foolish
behavior. "There are times when you get mad at
a lawyer," he said. "But consistent heavy-handed and
arbitrary behavior is as much due to insecurity and intellectual
laziness as anything."
But Schwarzer warned that some attacks on judges mask
a wider political agenda aimed at diminishing judicial independence,
as when a politician criticizes an unpopular ruling to win favor
with voters.
"Sometimes what's really occurring is really an attack
on judicial decision-making," he said. "It's one thing to
complain about judges who conduct themselves badly or arrogantly, but it's something else to censure judges
for what they say in the decision-making
process." |