A judiciary without honesty has little chance of executing its moral and constitutional duties, no matter how many rules of ethics exist.  This is true in the United States, where the judiciary is afforded wide discretion.  Facts and laws require interpretation; justice and equity require judgment.  We count on honest judges to navigate our ship of justice through dangerous waters.  We expect judges to be honest because we establish institutions that incentivize honesty.  Despite the critical importance of maintaining judicial integrity, there is much to say about how commonplace corruption is in our courts.

It’s not often that a judge does the right thing—upholds the law, exposes corruption, or rebukes prosecutors.  In the early days of our nation, it may have been quite common.  Today, however, it’s a rarity.  It’s so rare, in fact, that this is the first in more than fifty posts we’ve published that actually commends actions rather than condemns them.

An openly misogynistic lawyer who is believed to have killed the son of a female federal judge in New Jersey had a list of more than a dozen other possible targets, including three other judges and two doctors, several people with knowledge of the matter said.  The list of names was found on July 20, 2020, inside a rental car on a rural road in the Catskills in New York, where the lawyer, Ron Den Hollander, had killed himself.

In a report by the Center for Public Integrity, states were rated and ranked according to their levels of integrity.  Several factors were used in determining each state’s overall grade.  But only one factor actually affects people, although indirectly, on a daily basis—judicial accountability—and is perhaps the most important one.  Since the judicial branch of government is the only one of the three branches that directly “serves” the people on a daily basis, it is the only one wherein having corruption or dysfunction can severely and negatively impact the average person.  The map above reflects the overall integrity score.  When ranking is recalculated based upon judicial accountability, the result literally yields a completely different picture, which is as follows with numeric scores shown:

Try to talk to someone about how a court of law has engineered your financial ruin and, in so doing, has utterly ignored statutory and constitutional imperatives, and it is likely that you will be met with a blank, glazed stare.  After all, America has a good legal system, right?  Say what you will about America’s behavior in the Middle East and that nasty little torture racket at Abu Ghraib, Guantanamo, and goodness knows where else—America’s legal system is…well….it is the best system there is.

Right?

Warped Incentives

“Prosecutors have more power than anyone, in many respects, over the lives of the average person,” said Daniel Medwed, professor at the Northeastern University School of Law. “But there is almost no accountability, no transparency, and the public isn’t paying attention—that is a very, very combustible concoction.

Have you ever made an unreasonable gesture to a passing horse in a national park?  If so, you are already a federal criminal.  For the rest of us, there’s a new work of reference, humor, and legal theory from attorney Mike Chase titled How to Become a Federal Criminal: An Illustrated Handbook for the Aspiring Offender.