Crack 11 in the Liberty Bell

Liberty Bell

Crack 11 in the liberty bell is illustrated by this quote from the CANON 1 of Judicial Conduct for the state of Massachusetts.

“A judicial decision or action determined by an appellate court to be incorrect either as a matter of law or as an abuse of discretion is not a violation of this Code unless the decision or action is committed knowingly and in bad faith.”

Perhaps you noticed that for the judge to be found guilty, the appellate court must not only find the judge has broken a law, but has done so knowingly AND in bad faith. That is a tall order. I wonder how many judges have been found guilty of violating CANON 1 by reason of a bad judicial decision.

Crack 11 is that the judges are not required to follow the law. Nobody is keeping score. It takes a hell of an effort for a litigant to appeal a decision. To go further and try to get a judge disciplined is too much an expenditure of resources. Nobody has the time or motivation. Furthermore, a lawyer needs the goodwill of the court. Government could supply the manpower, but does not.

From the massbar and the Code of Judicial Conduct:

Grounds for discipline
Rule 3:09 of the Massachusetts Supreme Judicial Court’s Code of Judicial Conduct includes eight canons of judicial ethics. Violation of any of these canons is grounds for discipline. The canons are:
• A judge should uphold the integrity and independence of the judiciary.
• A judge should avoid impropriety and the appearance of impropriety in all his activities.
• A judge should perform the duties of his office impartially and diligently.
• A judge may engage in activities to improve the law, the legal system and the administration of justice.
• A judge should regulate his extra-judicial activities to minimize the risk of conflict with his judicial duties.
• A judge should regularly file reports of compensation received for quasi-judicial and extra-judicial activities.
• A judge should refrain from political activity.
• Compliance with the Code of Judicial Conduct (two regulations for retired and resigned judges).
The code includes detailed provisions for each canon.
In addition to the eight canons, the following are also grounds for discipline:
• conviction of a felony
• willful misconduct in office
• willful misconduct which, although not related to judicial duties, brings the judicial office into disrepute
• conduct prejudicial to the administration of justice or conduct unbecoming a judicial officer, whether conducted in office or outside of judicial duties, that brings the judicial office into disrepute
• any conduct that constitutes a violation of the codes of judicial conduct or professional responsibility

I hope you noticed that there wasn’t anything that sanctioned a judge for not following the law or for making poor judicial decisions. The main thing that a judge wants is to be in harmony with those that pay his salary. He as a good job and would rather appease those that pay his salary than to follow any law, rule or precedent that is not in vogue with the group.

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