Judicial
Accountability. Why shouldn't judges, like everyone else in a democracy,
be responsible for their incompetence and deliberate misdeeds? Why should
judges be allowed to run their courtrooms as their own private fiefdoms,
free to abuse litigants and lawyers who come before them?
We
are building a national organization focused on the problem of bad judges
-- judges who are incompetent, abusive, and dishonest. By dishonesty,
we mean judges who knowingly disregard clear and controlling law and who
write decisions which fabricate or deliberately omit critical facts.
These
judges destroy people's lives, families, and businesses and, for ulterior
reasons, torpedo important cases affecting the public.
The
financial cost of appealing a judge's bad decision puts appeal out of
reach for the average citizen. Yet those who make the financial sacrifice
and do appeal often meet with the same realities on the appellate court
level as in the lower court. Even where appellate courts reverse a lower
court's blatantly erroneous decision, there is no personal cost to the
judge for his judicial malpractice -- but only to the litigants, who have
been wronged, and to the system.
Incompetent,
abusive, and corrupt judges create havoc at the trial level and overwhelm
the system with otherwise needless appeals. This puts the courts in crisis
and is extremely costly to taxpayers.
Obviously,
improving the way we choose judges is crucial. Whether by election or
appointment, there must be safeguards to ensure that only persons of the
highest competence, integrity, and judicial temperament become our judges.
Yet,
the public interest in a quality judiciary has been thwarted by politicians,
who view our third branch of government as a pool for patronage. Judicial
qualifications are often secondary to the political interests served by
the judicial nomination being made.
Because
the judicial selection and disciplinary processes take place behind closed
doors, political interests have been able to co-opt them. This has enabled
unqualified judicial candidates to gain office and, thereafter, to stay
in office, despite demonstrated on-the-job unfitness.
Shamefully,
public officials, government agencies responsible for judicial oversight,
and established organizations of the bar have failed in their duty to
protect against the corrosion of our courts. They have not only looked
the other way, but have actively participated in a "cover-up".
The same is true of the media, which is largely ill-informed, insensitive,
and self-interested on these issues.
It
is, therefore, We, the People, who must take action to protect ourselves,
our judicial system, and our democratic values.
