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WASHINGTON -
Federal judges usually police one another's behavior, but they
rarely mete out punishment. Of 766 ethical complaints lodged
last year, only one resulted in a penalty.
Federal
judges have lifetime appointments, and only Congress can remove them
from office. Other forms of punishment come at the discretion
of fellow federal judges.
In the single
case last year in which the judge was punished, the penalty was a
private censure and no details, not even the judge's name, were
released.
The system
encourages lenient treatment, American University law professor Paul
Rice said Tuesday.
"They have an
obligation to police themselves, and of course that is the problem,"
he said. Judges sit on the boards that review allegations of
ethical misconduct and are loath to punish a colleague, Rice
said.
"We don't
like burning brothers in the bond, because you don't know whose ox
is going to be gored in the future," he said.
The American
Bar Association plans a national commission, to be announced during
the group's annual meeting this week in Washington, to examine wider
ethical questions involving judges. The group's incoming
president points to an erosion of public trust in the judicial
system as money and politics play a growing role in the election of
state judges.
Hundreds of
ethical complaints are filed against federal judges each year, many
of them by prisoners or others unhappy with the outcome of a
case. A large portion of the complaints are frivolous and the
overwhelming majority are quickly dismissed by the local chief judge
or by a local judges' council, said Richard Carelli, spokesman for
the federal judiciary's Washington administrative
office.
During the 12
months ending in September 2001, 766 complaints were filed and 668
were resolved. Only five were referred to a special
investigation committee, and four of those were later dismissed,
show statistics compiled by the Administrative Office of the U.S.
Courts. |