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Reseña:
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The question of the appropriate sanction in ajudicial discipline case presents special challenges offairness, consistency, and accountability becausethere is a wide range of possible judicial misconduct– from taking a bribe to accepting an award at afund-raising dinner for a charity – and a wide rangeof possible sanctions – from informal adjustmentsand private reprimands to removal. The problem ofmaking the sanction fit the misconduct is exacerbatedin judicial discipline cases because most stateshave at most one or two formal cases a yearThe question of the appropriate sanction in a judicial discipline case presents special challenges of fairness, consistency, and accountability because there is a wide range of possible judicial misconduct – from taking a bribe to accepting an award at a fund-raising dinner for a charity – and a wide range of possible sanctions – from informal adjustments and private reprimands to removal. The problem of making the sanction fit the misconduct is exacerbated in judicial discipline cases because most states have at most one or two formal cases a year...The study begins with a brief overview of the state judicial discipline systems, supplemented by tables that identify the sanctions available in each state...The discussion of removal from judicial office also covers provisions in some states for automatic removal of a judge following final conviction for certain crimes and the collateral consequences of removal such as ineligibility for further service and disbarment.The study then considers the cases in which there has been disagreement about the appropriate sanction, either between the commission and the state supreme court or among the members of the supreme court as reflected in dissents. The study also catalogs the factors supreme courts and conduct commissions have listed as relevant in determining the appropriate sanction. The study then analyzes these cases to discuss issues such as the importance of the judge’s reputation in the sanction decision and the role remorse plays. Finally, the study makes recommendations for states to consider in pursuing the goal of fair, effective judicial discipline. |
