Thursday, July 23, 2009

Is Nevada Coddling Our Judiciary, Like Philly, PA?

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In a recent article in the Philadelphia Enquirer, a quick survey of Philadelphia Judges reveals that 3 have gotten in deep trouble. However, once they began to tread through the trouble, it turned out not to be so deep because the Judicial Discipline Court drained the pool. These charges & penalties were all issued by the Pennsylvania's Court of Judicial Discipline. They ring quite familiar to our Nevada system of judicial activity and attempted discipline. Main difference in NV: judges don't usually get caught for this kind of thing, or when they do, no one with any clout cares enough to do anything about it. However, the voters usually handle their business. The article informs us that,

A Philadelphia Common Pleas Court Judge Willis Berry was caught using his court offices and staff to run his real estate business. This got him suspended, but back on the job soon enough.

A Philadelphia Municipal Court Judge James DeLeon was found to have violated judicial-conduct rules when he held an ex parte hearing and then issued an order to help a social acquaintance. (Smells like Team Vegas). This got him suspended for three months and placed on probation for three years.

A Philadelphia Traffic Court Judge Willie Singletary was found to have violated the rules of conduct by promising favorable treatment in court in return for campaign contributions. (Are we sure this was in Philly and not Vegas?) This got a reprimand. But, sounds like he probably still had enough money for re-election.

All in all, I am drawing two very uncanny & unsettling similarities between Philly & Vegas:

1. Judges are doing the same things in each city to stay in power and help those that got them there;

2. Oh, the second one is not a similarity; Philly is doing something about it.

I don't consider a NV Legislature's attempt to appoint judges a change in favor-based justice. It will only tighten the group. We need judicial monitoring and TRUE evaluation.
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4 COMMENTS:

Danielle said...

I saw your link on Twitter mentioning Philly! You are tugging at my heart! I am from the Philly area and it is my favorite city on earth. (Yeah, that's right - on EARTH.)

I lived in DE and I respected the judiciary there. Sure, I was in law school and not appearing before them, but they were well respected. And not elected. Not a fan of elected judges. Not one little bit.

I also had a chance to see the Delaware Supreme Court in action when one of my professors was arguing regarding tobacco advertising. Very impressive. I did have a little crush on Justice DuPont Ridgely though, so this may be biased.

Legally UnBound said...

Thank for the comment Danielle. Good to meet you.

I'm curious, why are you so against elected judges? Is it the current NV system? Is it personal experience? Tell me your thoughts, I'm curious. I'm always open to change my mind. I just don't think either appointment or election will work as currently proposed. I suggest a simpler approach yesterday. Check it out and please let me know why you dislike elected judges. Thanks Again.
Kael Garvey

Danielle said...

When I moved to DE (after college and through law school), I became very politically involved. Like most of Northern DE, I was a Democrat of the Biden school. Now that I'm out here, my husband calls me a pinko commie, but I was pretty moderate there. (Just to give you my background.)

After I left my job as a marketer at a giant credit card issuer, I worked as a grassroots organizer at a nonprofit (whose mere mention causes people to love me or absolutely despise me). Since I was in public relations, I got to know more about the political scene and the judges. The AG was extremely political in her decision making, but the judiciary was well balanced. Not to say that it always sided with "my side." The decisions simply made sense.

When I got to law school, I was super involved in moot court, so I had a chance to meet local judges who came for our competitions. Amazing folks. I never felt like I was staring into vacant eyes. Hell, they read the problem that I authored, so I am guessing that they were probably prepared in court. The practicing litigators that I knew didn't have a lot of bad things to say about the judges. And it's an extremely small bar there.

Then I came here... Without naming names, I have no idea how some of these individuals are on the bench. I am still relatively new at this, but it frightens me when I can spot serious bias or completely vacant eyes on the bench. So many of the decisions don't make sense. I think there I would rather rely on a magic 8 ball for some decisions.

It may be that I never practiced in DE. Maybe it is just as bad. But from what I experienced, it was very different. Friends who live in the land of appointed judges think it is hilarious when I send them something about our judiciary. I can't tell you how many emails I received about the Halverson stuff since it received nationwide publicity.

I do think we have some outstanding judges. But others are just horrible and never seem to get weeded out. I like to think that an appointment system would help to avoid that. But who knows. Maybe I'm seeing it all differently now because I am practicing.

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