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I know you may be saying that there IS a forum (via the Review Journal) to assess judicial performance...blah! We don't. The only participants in that survey (that hardly anyone answers) are attorneys, I believe judges, too. If we were to get the assessments from all the civil litigation & criminal attorneys that practice in front of the judges, then we might have something. We don't. That is one of the reasons that I'm pushing so hard for the Nevada Legislature to enact and provide funding for a judicial evaluation program that incorporates litigants, criminals, attorneys, staff & the judges themselves. If it were mandatory, it would be done and the public could get a rating of judicial performance.
No, this is not unique. It is done in many other jurisdictions to allow for judicial accountability to the public and to their peers. Some would argue that judicial accountability to the public is what we are trying to avoid, we want an independent judiciary that follows the law and that is it. Well, we certainly don't have that right now. I've already laid out that we should have an appointed intermediary appellate court that will ensure politics stay out of the judiciary. Even in the system currently suggested by the Nevada Legislature, they want judicial evaluations. However, they want pure appointment with judicial retention elections. How will that get rid of politics and bias in the courtroom?
In the coming weeks, I'll review some these issues relevant to judicial elections in Nevada and where we should be going. Consider this a "call for opinions" on the subject. I'd like to get more feedback, other than my daily conversations with judges, attorneys and the public.
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If we wanted a truly independent and neutral evaluation system for rating judges, how about hiring some retired judges to review the videos from random days from the judge's courtroom and rendering an opinion based upon the actual record and a review of the pleadings that the judge being evaluated reviewed?
It seems really dangerous to criticize judges. For instance, what about this Richard Fine case? It is claimed that
"Richard Fine - 70 year old, former US prosecutor, had shown that judges in Los Angeles County had taken "not permitted" payments (called by media "bribes"). On February 20, 2009, the Governor of California signed "retroactive immunities" (pardons) for all judges in Los Angeles. Less than two weeks later, on March 4, 2009 Richard Fine was arrested in open court, with no warrant. He is held ever since in solitary confinement in Los Angeles, California. No judgment, conviction, or sentencing was ever entered in his case."
http://www.thepetitionsite.com/1/free-fine
Dear Kay:
Thanks for posting the story of Richard Fine on this blog.
The case of Richard Fine is unique in documenting alleged widespread corruption of the US justice system from bottom to top:
Richard Fine still falsely believes that he was arrested and is imprisoned through a March 4, 2009 Judgment by Judge Yaffe of the Superior Court of California, that his habeas corpus was denied in a June 29, 2009 Judgment by US Judge John Walter of the US District Court, that his Appeal was denied in a mandate of February 12, 2010, by three Circuit Judges of the US Court of Appeals, 9th Circuit and that his application to Associate Justice Kennedy was denied on March 12, 2010...
In fact, none of it ever took place in reality:
1) Judge Yaffe never entered the March 4, 2009 Judgment, as required by California law, to make "effectual for any purpose".
2) The June 29, 2009 Judgment by Judge John Walter was never authenticated, as required to make it one that required "full faith and credit" pursuant to US law and Local Rules of Court.
3) The US court of Appeals, 9th Circuit, addressed the appeal in a series of unsigned, unauthenticated orders and a mandate, which likewise - were void, not voidable.
4) Justice Kennedy never entered a denial as required by Local Rules of Court of the US Supreme Court. The purported March 12, 2010, denial came in an unsigned letter by Danny Bickell, who was never authorized to issue such notice - he was not a Clerk or a Deputy Clerk.
Therefore, the US Supreme Court had no jurisdiction to review any judgment or mandate. There was nothing to review - zilch...
However, the US Supreme Court justices were bound by the Code of Conduct of US Judges - to initiate corrective actions,regardless of Richard Fine's arguments.
All the best,
Joseph Zernik, PhD
Human Rights Alert (NGO)
We never will have a forum to rate judges. That SJR-2 where they want us to surrender our right to vote for judges (never mind that retention vote - statistically it is nearly impossible to remove a seated judge; that is the power of incumbency).
Federal judges are appointed and yet we have evidence on 2 of them for tape tampering, but nobody cares! Even a letter from the 9th circuit court admitting that there are two different tapes of the same hearing, changes nothing. What about "misprision of felony"?
Judges cover for judges. Judges are lawyers. Lawyers cover for lawyers. Lawyers are afraid of lawyer judges (challenge one and see if you ever win another case in court. In 2004 it was reported by the American Bar Association that Nevada was #2 in the nation for bad lawyers (who become horrible judges). What changed since then?
It seems hopeless. I just hope enough citizens are suspicious enough of government employees so as to NOT vote for SJR-2. SJR-2 makes things worse, not better. We need accountability, not a cosmetic fix.
I don't know why they don't do better survey that everybody can answers and they can recollect better data.
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