Collecting Examples of Federal Judicial Misconduct

National Judicial Conduct and Disability Law Project, Inc. | July 18, 2005 | Zena D. Crenshaw

[indianaprinceswarrior]

I secured a short reprieve from the American Family Association Center for Law and Policy for collecting examples of federal judicial misconduct in preparation for a congressional hearing to be initiated by Congressman Trent Franks (R - AX).

[indianaprinceswarrior]

Well, I have good news and bad news. The good news is I secured a short reprieve from the American Family Association Center for Law and Policy for collecting examples of federal judicial misconduct in preparation for a congressional hearing to be initiated by Congressman Trent Franks (R - AZ). The bad news is the scope of examples Congressman Franks will consider is more limited than I was originally led to believe.(1) Those that have not been resolved pursuant to the Judicial Conduct and Disability Act, 28 USCS § 352, will be included in a congressional package being prepared for national distribution by National Judicial Conduct and Disability Law Project, Inc. (NJCDLP) and WHEAG (Whistleblowers for an Honest, Efficient, and Accountable Government). All others will be delivered to the American Family Center for Law and Policy and duplicated for inclusion in the NJCDLP/WHEAG package.

The Utility of Escalating, Lobbying Efforts

The relatively few examples of federal judicial misconduct NJCDLP collected in a week of canvassing the legal reform/human rights/government whistleblowers' community through its extensive email data base suggests too many of us are feeling the despair some shared with NJCDLP. Folks recall initiatives such as the one at hand leading nowhere. Are you willing to consider the prospect of that record reflecting our inability to mount continuous, long-term campaigns? We accomplish it through our individual cases as they wind their way from one administrative agency to another and/or one court after another. However, our successes and failures as a reform community seem largely defined, one disjointed initiative at a time.

This is not another message about our need for unity though such will likely be the hallmark of our success. Instead it suggests a perspective for our struggle for justice. As you certainly know or probably have been told, systemic, systematic corruption must be addressed systematically. An effective, constitutionally-correct police force would hardly define its success by the elimination of crime. Why do so many of us search for a magic bullet to eliminate corruption?

There are many explanations for the "quick fixes" reform communities often crave - some quite understandable given the toll a struggle for justice can take on their members. But whether your patience and endurance are exhausted or you remain sustained by a vision of restored constitutionality, certainly you agree that when member(s) of Congress or any American governmental body calls for examples of judicial misconduct, its scores of victims should have the wherewithal to provide them.

We all know the adage that effectively lobbying Congress requires big numbers on membership rolls or endorsed checks, neither of which presently abounds in grass roots, reform communities. Yet you certainly agree that "dropping the subject" should not be an effective way for American government leaders to quash grass roots, reform initiative. When NJCDLP and WHEAG begin their campaign to coordinate personal, local meetings with members of Congress and/or their staff, hopefully one or more can be arranged with you. The message will not be that of NJCDLP or WHEAG in that it will reflect a national cry for governmental honesty, efficiency, and accountability. NJCDLP and WHEAG are merely facilitating the effort which can easily be billed as a joint initiative with any like-minded activist or organization. It will escalate to our first annual Fall summit [see www.njcdlp.org/Fall_Event.html ] and, with your help, for many years to come.

The Task at Hand

More information will be shared with you soon about the personal meetings with members of Congress and/or their staff. For now, please continue submitting the reports of federal judicial misconduct to NJCDLP at contactus@njcdlp.org or crenshaw@jorsm.com [Click either of these links to request a copy of the corresponding form if you don't have it from earlier email messages]. All those reflecting complaints that have been resolved under the Judicial Conduct and Disability Act, 28 USCS § 352, and received by noon, CST on July 25, 2005, will be submitted to the American Family Association Center for Law and Policy on July 25, 2005.

Thank you.

NJCDLP R. Logal Professional and Public Policy Offices 7519 W. 77th Avenue • Crown Point, IN 46307 (219) 865-6774 • [fax] (219) 865-6355 Toll Free: 1 - 888 - 478 4439 www.njcdlp.org • contactus@njcdlp.org

_______________________

1. From: "Andy Richmond"

To:"'Zena Crenshaw'" Subject:RE: Federal Judicial Misconduct Date:Thu, 14 Jul 2005 13:20:37 -0500

Zena, Thanks for getting back to me so quickly. I am sorry that I was vague in my initial request for cases. What we are looking for are cases of misconduct that have actually been filed and decided by the chief judge. The congressman asked us to compile cases that demonstrate how the current system that essentially allows the court to police itself does not adequately address the problem of judicial misconduct. I am sorry if that means that you will have to adjust your inquiry, and I greatly appreciate all of the work that you have been doing.

Thanks,

Andy Richmond

From: Zena Crenshaw [mailto:contactus@njcdlp.org] Sent: Thursday, July 14, 2005 12:39 PM To: Andy Richmond Subject: RE: Federal Judicial Misconduct

Hello again Andy,

I'm glad to receive the extension to July 25. My solicitation of misconduct reports inquired as to whether the underlying incidents prompted judicial misconduct claims and the related results. I accordingly received some compelling complaints that did not prompt action under the Judicial Conduct and Disability Act. Of course my understanding was that you wanted examples of "federal judicial misconduct" and not merely the related handy work of various chief judges and judicial conferences.

Is there any chance of Congressman Franks needing misconduct reports that confirm the need for effective regulation in addition to those suggesting the ineffectiveness of self-policing via 28 USCS § 332 ? If yes, I'll continue my inquiry as presently stated and submit to you all corresponding reports. If no, I'll break the bad news to some of those who provided reports and adjust my inquiry.

It may be relevant to consider that federal judicial misconduct complaints are usually disposed of through statutory, boilerplate language as nearly all are dismissed without investigation. Statistical evidence of the number submitted and their disposition are more readily retrieved from the federal courts than gathered through empirical reports from the general public. What the general public can confirm is that serious instances of federal judicial misconduct have transpired and are transpiring and belie the infinitesimal amount of misconduct the various judicial conferences confirm under the Judicial Conduct and Disability Act.

I look forward to your response and appreciate your consideration.

Zena

[Robert A Cook PE]

Get as many back copies as you can find of Readers Digest: Each monthly issue for the past 4 years has 4-5 "judicial misconduct" examples.

Library (paper copy), if not on-line.