Category the leviathan

Apr 13 2014

For Behold: The power of political incumbency?

Cynthia Brim, a Cook County, Illinois judge was suspended in 2012, after a series of bizarre incidents wound up having her declared “legally insane.”

cynthia-brim

Judge Cynthia Brim

While the board investigating this incident (a panel made of two judges and two civilians) continue to investigate and determine her plausibility to stay on the bench, not only is she continuing to collect her nearly $200,000 a year salary while on suspension — she’s since won RE-election to the bench.

Reportedly having been hospitalized for mental-related illnesses nine times since 1994, including after having gone catatonic during an official proceeding, the major problem came after she assaulted two Deputy Sheriffs; one was struck by her, and another was thrown a set of keys in an allegedly dangerous manner.

While her case continues to be evaluated, she continues to serve as a suspended judge — meaning she takes no cases, but receives all the pay and honors of a member of the bench; and indeed, has since been RE-elected.

Does this say something about the power of political incumbency?   I encourage you to do your own research and find out.

Michigan Supreme Court, including the disgraced former Judge Diane Hathaway
Feb 13 2014

Should Court Judges be elected… or appointed?

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A man insults Broward County Judge John Hurley after an unfavorable bond decision, to which he has an astonished look upon his face, who later handed down two consecutive 60-day contempt of court convictions.  Judge Hurley is an elected official.

A question that’s recently been raised to me is:

“Why do we ELECT judges as opposed to having them appointed?”

I’ve always been extremely uncomfortable with elected judges; particularly with educational or other professional credentials required simply to get on the ballot; and the argument is simple: elected judges become constrained and influenced by the political process.

This is a contrast to an appointed judge — someone who is selected by an executive or other governing body, to some term, and is not subject to the political or partisan process otherwise.

With this in mind, I think it’s reasonable to conclude that Judges may find themselves rendering politically-biased and motivated decisions and findings if they are subject to an election.  Indeed, this is evidenced in several case studies, one in particular by Loyola Law Professor Berdejô and Berkley Professor of Business Noam Yuchtman found that in Washington State alone, judges who were up for re-election gave considerably harsher sentences in the time leading up to their election compared to their appointed peers; a figure that sharply declined following their re-election.

Another issue to consider is one of judicial bias — not toward the people, as-such, but toward those who are funders, or otherwise their political “heavyweights.”  For example, the justices of the Michigan State Supreme Court enjoy election, and while on the ballot as non-partison, the individuals are nominated for the ballot by the party.  This not only lends to possible bias, but even “judicial gerrymandering.”  All it would take is one “bought” justice to walk to the offices of all the others and say “Look, I’m facing a re-election battle, this guy could pull out on me if we rule unfavorably against him.”

Possible?

Feb 12 2014

An upcoming Constitutional Crisis… Same-sex Marriage.

I had an exam in a State and Local Government class where we were asked about the “Full Faith and Credit Clause” of the United States Constitution.  I see a very big crisis coming in the future with Article IV here, very soon…  What do you think? Continue reading →