NCJ Number
63314
Journal
Judicature Volume: 63 Issue: 5 Dated: (NOVEMBER 1979) Pages: 227-231
Date Published
1979
Length
5 pages
Annotation
AN INQUIRY IS PRESENTED INTO THE PRECISE ROLE OF JUDICIAL CONDUCT COMMISSIONS IN MAKING THE PUBLIC AWARE OF THE COMMISSIONS' FUNCTION AND IN PUBLICIZING THE STANDARDS OF JUDICIAL CONDUCT.
Abstract
ALTERNATIVE PROCEDURES FOR THE INVESTIGATION OF ALLEGED JUDICIAL MISCONDUCT ARE AVAILABLE IN ALMOST EVERY STATE AND ARE BEING CONSIDERED FOR THE FEDERAL LEVEL. SUCH PROCEDURES ARE SO WIDESPREAD THAT THE AMERICAN BAR ASSOCIATION FOUND IT NECESSARY TO DEVELOP STANDARDS FOR JUDICIAL DISCIPLINE AND DISABILITY RETIREMENT. HOWEVER, MOST COMMISSIONS WHICH EXERCISE THESE PROCEDURES HAVE PLAYED A PASSIVE ROLE, LIMITING THEMSELVES TO PROCESSING SPECIFIC ALLEGATIONS OF MISCONDUCT. WITH FEW EXCEPTIONS, THE COMMISSIONS HAVE NOT ACTIVELY LOOKED FOR IMPROPER ACTIVITIES BY SUCH MEANS AS COURT WATCHING OR SCRUTINIZING FINANCIAL DISCLOSURE RECORDS. IN THE PUBLIC INTEREST, THE COMMISSIONS SHOULD DO MORE THAN MERELY SCREEN COMPLAINTS OF JUDICIAL WRONGDOING. THEY SHOULD ADOPT THE TECHNIQUES OF CONSUMER PROTECTION AGENCIES AND FIRE DEPARTMENTS, WITH MEASURES TO PREVENT MISCONDUCT. PUBLIC EDUCATION PROGRAMS MAY BE CARRIED OUT THROUGH THE DISTRIBUTION OF THE COMMISSIONS' ANNUAL REPORTS TO THE NEWS MEDIA AND PUBLIC INTEREST ORGANIZATIONS. WITHOUT BREACHING THE REQUIREMENTS OF CONFIDENTIALITY, THE COMMISSIONS CAN INFORM THE PUBLIC OF THE SPECIFIC ACTIVITIES FULFILLED IN THE DISCIPLINE PROCESS. CONTINUING PROGRAMS OF SPEECHES AND ARTICLES CAN DEVELOP PUBLIC UNDERSTANDING MORE EFFECTIVELY THAN OCCASSIONAL TELEVISION SEGMENTS. APPROPRIATE USE OF ADVISORY OPINIONS ON LEGAL ETHICS IS RECOMMENDED. (TWK)