TEN WORST JUDGES (FROM VERDICTS ON LAWYERS, 1976, BY RALPH NADER AND MARK GREEN - SEE NCJ-47620)

• NCJ Number: 47634
• Author(s): J NEWFIELD
• Date Published: 1976
• Length: 16 pages
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

WHILE THERE ARE A NUMBER OF INSTITUTIONAL CONDITIONS WHICH FOSTER INJUSTICE IN THE COURTS, THERE ALSO EXIST INDIVIDUAL CHARACTERISTICS OF JUDGES WHICH MAY FACILITATE INJUSTICE.

Abstract

JUSTICE IN THE COURTS HAS BROKEN DOWN FOR A VARIETY OF INSTITUTIONAL REASONS WHICH INCLUDE CASE OVERLOADS, DILATORY DEFENSE COUNSEL, POLITICAL SELECTION OF JUDGES, AND A LACK OF ACCOUNTABILITY AND MONITORING. NONETHELESS THERE ARE INDIVIDUAL DIFFERENCES AMONG JUDGES WHICH MAY FACILITATE JUSTICE DESPITE THE SYTEM'S INHIBITIONS OR WHICH MAY CONTRIBUTE TO A FURTHER DETERIORATION OF JUSTICE. ON THE BASIS OF INTERVIEWS WITH COURT PERSONNEL INCLUDING JUDGES AND LAWYERS, AND REVIEWS OF COURT TRANSCRIPTS AND REPORTS, A LIST OF THE 10 WORST JUDGES IN THE NEW YORK CITY COURTS WAS COMPILED. THESE 10 JUDGES AND THEIR COURTS WERE IDENTIFIED AS BEING THE MOST TOTALLY INSENSITIVE TO CIVIL LIBERTIES, THE MOST BIASED AGAINST THE POOR, AND/OR AS STANDING FOR CRUELTY, STUPIDITY, OR ILL-TEMPER. THESE 10 JUDGES AND THEIR COURTS ARE IDENTIFIED, AND THE OPINIONS OF INTERVIEWEES AND MATERIAL FROM COURT TRANSCRIPTS ARE PRESENTED. HALF OF THESE JUDGES ARE ASSOCIATED WITH THE CRIMINAL COURT, AND MOST OBTAINED THEIR APPOINTMENTS THROUGH POLITICAL INFLUENCE. CRIMINAL COURT JUDGES LISTED INCLUDE ALLEN MOSS, MILTON SHALLECK, HOWARD GOLDFLUSS, MORRIS SCHWALB, AND WILLIAM SUGLIA. ALSO LISTED ARE MORGAN LANE OF THE BROOKLYN CIVIL COURT, AARON KOOTA OF THE BROOKLYN SUPREME COURT, GEORGE STARK OF THE MANHATTAN SUPREME COURT, ABRAHAM MARGULIES OF THE QUEENS CIVIL COURT, AND FRANK BLANGIARDO OF MANHATTAN CIVIL COURT. THREE STEPS MAY BE TAKEN TO REDUCE THE FREQUENCY OF INEPT AND PREJUDICED JUDGES IN THE COURTS: (1) USE OF AN APPOINTMENT SYSTEM BASED ON MERIT MADE UP OF INDEPENDENT PANELS OF REPRESENTATIVE COMMUNITY INDIVIDUALS; (2) DEVELOPMENT OF A MECHANISM WITHIN THE JUDICIARY FOR THE INVESTIGATION AND REMOVAL OF UNQUALIFIED OR CORRUPT JUDGES; AND (3) CONTINUATION OF THE SPECIAL PROSECUTOR'S OFFICE INDEPENDENT OF POLITICAL INFLUENCES. NOTES ARE PROVIDED. (JAP)