cases where lawyer that broke the rules and the judge allowed it

What happened when a trial judge also served on judicial oversight board?

What happened when a trial judge who also served on the state’s judicial oversight board was accused of misbehavior. Alex Chaney was just a year out of law school in 2015 when he started receiving lucrative appointments at taxpayer expense. A district judge began assigning him to represent people too poor to afford a lawyer.

Who has the authority to reverse a judge’s ruling?

The authority of the oversight agencies is distinct from the power held by appellate courts, which can reverse a judge’s legal ruling and order a new trial. Judicial commissions cannot change verdicts.

Would judge have been forced from bench if Reuters hadn’t examined case?

Tommy Drake, the lawyer who first filed a complaint against Chaney in 2016, said he doubts the judge would have been forced from the bench if Reuters hadn’t examined the case. “You know the only reason they did anything about Chaney is because you guys started asking questions,” Drake said.

Is the judge who presides over a case fair?

One of the key principles of the American judicial system is that the judge who presides over a case must be fair and impartial. In the vast majority of cases, the issue of the judge's fairness and impartiality never comes up.

What did the Court rule in Gideon v Wainwright?

Decision: In 1963, the Supreme Court ruled unanimously in favor of Gideon, guaranteeing the right to legal counsel for criminal defendants in federal and state courts. Following the decision, Gideon was given another trial with an appointed lawyer and was acquitted of the charges.

Can a judge override the law?

by Deborah A. Congress then may choose to “override”1 judicial interpretations with which it disagrees (so long as the judicial decision is not constitutional in nature) by amending the law at issue or enacting a new law. The power to enact such overrides is core to maintaining democratic accountability for policy.

Which of the following is an example of judicial misconduct?

Obvious examples are violations of criminal law, sexual misconduct with staff/attorneys/parties, joining discriminatory organizations and using the judicial position to enhance a private interest.

Which of the following cases set a precedent that accused people have the right to counsel even if they Cannot afford it?

In Gideon v. Wainwright (1963), the Court held that persons accused of felonies have a fundamental Sixth Amendment right to an attorney, even if they cannot afford one.

Can you sue a judge?

Judicial Immunity: You Can't Sue the Judge – Supreme Advocacy.

Can a judge overturn his own ruling?

A judge typically cannot reverse a verdict given at the conclusion of a trial but can grant a motion for a new trial in certain cases.

Who holds judges accountable?

Home. The Commission on Judicial Performance, established in 1960, is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges, pursuant to article VI, section 18 of the California Constitution.

What is judicial misconduct in law?

yours are acts of grave misconduct and tantamount to conduct unbecoming of a judicial officer, violating the provisions contained ... amounts to acts of unbecoming of a judicial officer being of any misconduct or violative of provisions of Gujarat Civil.

What is judicial corruption?

Judicial corruption means 'all forms of inappropriate influence that may damage the impartiality of justice and may involve any actor within the justice system, including, but not limited to, judges, lawyers, administrative Court support staff, parties and public servants'.20.

Which cases dealt with rights of the accused?

DECISIONS PRESENTED INCLUDE 'GIDEON V. WAINWRIGHT' (1963), 'GRIFFIN V. CALIFORNIA' (1965), AND 'KATZ V. UNITED STATES' (1967).

What type of case is Gideon v. Wainwright?

Wainwright, 372 U.S. 335 (1963) In a unanimous decision, the Supreme Court established that the Fourteenth Amendment creates a right for criminal defendants who cannot pay for their own lawyers to have the state appoint attorneys on their behalf.

Why was the Betts case overruled?

Justice Black dissented, arguing that denial of counsel based on financial stability makes it so that those in poverty have an increased chance of conviction, which violates the Fourteenth Amendment Equal Protection Clause. This decision was overruled in 1963 in Gideon v. Wainwright.

How many federal judges hear 400,000 cases a year?

The country’s approximately 1,700 federal judges hear 400,000 cases annually.

Who was the Chief Justice of the Alabama Supreme Court twice forced out for defying federal court orders?

Number of days Judge Hayes sentenced Marquita Johnson to jail for unpaid traffic tickets. Two of the best-known cases brought by the commission involved Roy Moore, who was twice forced out as chief justice of the Alabama Supreme Court for defying federal court orders.

How long was Mary McCullough in jail?

One day, she recalled, she had to clean a blood-soaked cell where a female inmate had slit her wrists. She was freed after 20 days, using the money she saved for tuition to pay off her tickets, she said. Jail was the darkest chapter of her life, McCullough said, a place where “the devil was trying to take my mind.”.

What did Judge Hayes do?

Hayes, a judge since 2000, admitted in court documents to violating 10 different parts of the state’s judicial conduct code. One of the counts was a breach of a judge’s most essential duty: failing to “respect and comply with the law.”.

What was the kickback scheme in Pennsylvania?

The judges were convicted of taking kickbacks as part of a scheme to fill a private juvenile detention center. In 2009, the Pennsylvania Supreme Court appointed senior judge Arthur Grim to lead a victim review, and the state later expunged criminal records f or 2,251 juveniles.

How many members are on the Alabama Judicial Commission?

As in most states, Alabama’s nine-member Judicial Inquiry Commission is a mix of lawyers, judges and laypeople. All are appointed. Their deliberations are secret and they operate under some of the most judge-friendly rules in the nation. Alabama’s rules make even filing a complaint against a judge difficult.

What happened to the defendant in a sex trafficking case in Texas?

The offending judge received a warning and returned to the bench. The defendant was convicted after a new judge took over the case.

Who bullied lawyers?

Some of the best-known cases involve judges who ultimately did suffer consequences for their behavior, including Texas judge Christopher Dupuy, who bullied four lawyers who filed conflict-of-interest recusal motions between 2011 and 2013.

Why did Donna Schuler ask Judge Kent to recuse himself?

Donna Schuler, also a divorcing mother in Suffolk County, asked that judge Kent recuse himself from her case in 2011 after claiming his unwarranted delays and stalling had drained her financially. Schuler was also rebuffed when she asked the commission to step in and remove Judge Kent from her case.

What is the privilege of the Supreme Court?

In fact, US supreme court justices enjoy a special privilege: they are the only judges exempt from the federal Code of Conduct, which demands judicial impartiality and prohibits a jurist from presiding when he or she has “a personal bias concerning a party to the case”.

What happened to Marion McNulty?

Critics of the Suffolk supreme court claim a culture of rule-breaking exists, pointing to a red-faced moment in 2007 when Marion McNulty, then the county’s top matrimonial judge , was admonished by the state’s disciplinary panel for aggressively fund-raising for her favorite charity, a women’s nonprofit, while on the job. McNulty went so far as to hit up attorneys for checks in the courthouse, a blatant violation of ethical rules.

When did Margaret Besen get divorced?

When Margaret Besen, a 51-year-old nurse from East Northport, Long Island, filed for divorce from her husband in March of 2010, she believed justice was on her side. Judge William Kent’s preliminary ruling seemed like a first step toward compromise. Margaret and Stuart Besen, who agreed their marriage was beyond repair, ...

Did Texas remove a judge?

Colorado’s lone judicial action since 2010 was a suspension in 2013. Texas has not removed a judge in five years , though it has suspended 23 for varying lengths of time.

Who donated $7,500 to Richard Ambro?

That same year, an organization based at Stuart Besen’s Garden City law office, the Long Island Coalition for Responsible Government, donated $7,500 to candidate Richard Ambro, who got elected and became one of Kent’s fellow Supreme Court judges in Suffolk’s 10th district.

Why is it unusual for a judge to ignore a law?

Ignoring certain laws or precedents. This is more unusual because a judge typically can’t ignore a law without explaining why. The judge would have to break two rules in order to accomplish this one.

How can a corrupt judge abuse the law?

There are some ways a corrupt judge may abuse the law he or she is suppose to uphold: Lying under oath. Remember a judge is always under oath in the courtroom, Citing invalid laws or precedents. This is extremely hard to catch if you’re not prepared to discuss these topics, Ignoring certain laws or precedents.

What is excluded from the right to complain about judicial misconduct?

Excluded from the right to complain about judicial misconduct is the poor or wrong decision making of a federal judge. The remedy for such a situation lies in the right to an appeal, not complaining about judicial misconduct.

Why is it so hard to prove judicial misconduct?

This can especially difficult for average citizens because the rules that must be watched are procedural rules which, frankly, most people find tedious to learn.

Why do judges brush aside motions?

Being familiar with these rules, however, can help prove judicial misconduct because a corrupt judge has to brush aside all motions in order to reach the corrupt judge’s predetermined outcome. The motions, however, are there to ensure fairness by allowing a party to ask for additional hearings or other outside factors.

Can a federal judge complain about a federal judge?

Anybody is allowed to complain about a federal judge under 28 USC §§ 351 – 364, if the federal judge: Becomes unable to discharge their duties because of a mental or physical disability. Excluded from the right to complain about judicial misconduct is the poor or wrong decision making of a federal judge.

Can a pro se litigant ask a judge to recuse himself from a case?

Although an attorney or pro se litigant may ask a judge to recuse himself from the case, there should be substantial evidence for judicial conflict of interest because the judge in question has the right to sustain or dismiss the motion. The recusal motion may have to be appealed when the trial is over.

What happens if a judge is biased?

If a judge is biased or prejudiced for or against a party or attorney, he cannot be fair and impartial in deciding the case. A party or attorney who believes such bias or prejudice exists must prove it with admissible evidence, and cannot base this belief on mere suspicion.

What is a judge's relationship with a party?

Judge's Relationship to a Party or Attorney. A judge's fairness and impartiality may be compromised when he or she has had a business or professional relationship with a party or attorney. In cases where the judge was a party's business partner or attorney, as well as in cases where the judge was a member of a law firm representing a party, ...

What is the principle of the American judiciary?

One of the key principles of the American judicial system is that the judge who presides over a case must be fair and impartial. In the vast majority of cases, the issue of the judge's fairness and impartiality never comes up. There are instances, however, when one of the parties in a civil case has reason to believe that ...

Can a judge be impartial?

Even a judge who is not serving as the finder of fact (i.e., when the case is to be decided by a jury) cannot be fair and impartial if he or she has personal knowledge of disputed facts, because the judge's evidentiary rulings (in pleadings and motions made by the parties) may be influenced by that knowledge.

Can a judge recuse himself?

In those situations, the judge will either recuse himself or the litigant will move to have the judge disqualified from presiding over the case. Let's look at some of the circumstances that may lead to a judge's recusal or disqualification.