A Brief Primer on Discipline and Prosecution Judges and Public Officials in the United States Judge...

A Brief Primer on Discipline A Brief Primer on Discipline and Prosecution Judges and and Prosecution Judges and Public Officials in the United Public Officials in the United

StatesStates

Judge Tom C. RawlingsJudge Tom C. RawlingsJuvenile Courts, Middle Judicial CircuitJuvenile Courts, Middle Judicial Circuit

State of GeorgiaState of [email protected]@sandersville.netwww.tomrawlings.com www.tomrawlings.com

United Nations United Nations Convention Against Convention Against CorruptionCorruption

United States recently became a full United States recently became a full participating memberparticipating member

Provisions Include:Provisions Include: Judicial Discipline and TransparencyJudicial Discipline and Transparency Limitations on Public Officials’ Entrance into Limitations on Public Officials’ Entrance into

the Private Sector as Lobbyiststhe Private Sector as Lobbyists

UNCAC Provisions on UNCAC Provisions on Judicial DisciplineJudicial Discipline

““Bearing in mind the independence of the Bearing in mind the independence of the judiciary and its crucial role incombating judiciary and its crucial role incombating corruption, each State Party shall, in corruption, each State Party shall, in accordance with the fundamentalaccordance with the fundamental principles of principles of its legal system and without prejudice to its legal system and without prejudice to judicial independence, takejudicial independence, take measures to measures to strengthen integrity and to prevent strengthen integrity and to prevent oopportunities for corruption amongpportunities for corruption among members of members of the judiciary. Such measures may include rules the judiciary. Such measures may include rules with respect to thewith respect to the conduct of members of the conduct of members of the judiciary.judiciary.””

Judicial Canons of EthicsJudicial Canons of Ethics

Ethical Codes of Conduct have been adopted Ethical Codes of Conduct have been adopted by all states and the federal judiciary.by all states and the federal judiciary.

Designed to prevent “even the appearance” of Designed to prevent “even the appearance” of impropriety.impropriety.

The Judiciary Represents a Major Asset in the The Judiciary Represents a Major Asset in the Nation’s “Social Capital.”Nation’s “Social Capital.” Without faith in the judiciary, faith in other Without faith in the judiciary, faith in other

institutions– government, industry, and civil society– institutions– government, industry, and civil society– will fail.will fail.


““Judges shall respect and comply with the law* Judges shall respect and comply with the law* and shall act at alland shall act at all times in a manner that times in a manner that promotes public confidence in the integrity andpromotes public confidence in the integrity and impartiality of the judiciaryimpartiality of the judiciary””

““Judges who receive information indicating a Judges who receive information indicating a substantial likelihoodsubstantial likelihood that another judge has that another judge has committed a violation of this Code should takecommitted a violation of this Code should take appropriate action. Judges having knowledge* that appropriate action. Judges having knowledge* that another judge hasanother judge has committed a violation of this Code committed a violation of this Code that raises a substantial question as tothat raises a substantial question as to the other the other judge’s fitness for office shall inform the appropriate judge’s fitness for office shall inform the appropriate authorityauthority.”.”

http://www.georgiacourts.org/agencies/jqc/ http://www.georgiacourts.org/agencies/jqc/


Federal Judicial Canons:Federal Judicial Canons: http://www.law.cornell.edu/wex/index.php/http://www.law.cornell.edu/wex/index.php/

Judicial_ethics Judicial_ethics (a general guide to judicial ethics)(a general guide to judicial ethics)

Discipline of JudgesDiscipline of Judges

Usually handled by the Judicial Branch itselfUsually handled by the Judicial Branch itself Screened by a committee that often consists of judges as well Screened by a committee that often consists of judges as well

as lay persons appointed by the judiciary or, in some cases, by as lay persons appointed by the judiciary or, in some cases, by the Executive branch.the Executive branch.

Information for filing a complaint is widely dispersed.Information for filing a complaint is widely dispersed. Forms can be easily found on the InternetForms can be easily found on the Internet

Individuals may file a complaint without fear of reprisalIndividuals may file a complaint without fear of reprisal A Judge may be removed from the bench, disciplined A Judge may be removed from the bench, disciplined

publicly, or disciplined privately.publicly, or disciplined privately. Causes for Removal from the bench:Causes for Removal from the bench:

AddAdd

Discipline of JudgesDiscipline of Judges

Advantages:Advantages: Maintains independence of judiciaryMaintains independence of judiciary Ensures Those Asserting Punishment are Ensures Those Asserting Punishment are

Experts in the FieldExperts in the Field Represents a “Social Compact” Among Represents a “Social Compact” Among

Judiciary, Promoting Self-Accountability Judiciary, Promoting Self-Accountability Within the Profession Within the Profession

Discipline of JudgesDiscipline of Judges Disadvantages:Disadvantages:

Public May Believe Judges are “Protecting Their Public May Believe Judges are “Protecting Their Own.”Own.”

Dismissed Complaints, or Cases involving Privately-Dismissed Complaints, or Cases involving Privately-Disciplined Judges, are Often Not Open to the Disciplined Judges, are Often Not Open to the PublicPublic Recently, U.S. Federal Judiciary Faced Complaints of Recently, U.S. Federal Judiciary Faced Complaints of

Failure to Pursue Conflicts of InterestFailure to Pursue Conflicts of Interest For Example, stock ownership in a company that is a party in For Example, stock ownership in a company that is a party in

Court.Court.

Supreme Court Responded by Requiring that Clerks of Supreme Court Responded by Requiring that Clerks of Court Install Software to Check for Financial Conflicts of Court Install Software to Check for Financial Conflicts of Interest Interest

Prosecution of JudgesProsecution of Judges

FEDERAL JUDGE SENTENCED TO 5 YEARS FEDERAL JUDGE SENTENCED TO 5 YEARS FOR PERJURYFOR PERJURY

Louisiana Judge Convicted of Taking BribesLouisiana Judge Convicted of Taking Bribes Trial Opens for Judge Indicted in Illinois Trial Opens for Judge Indicted in Illinois

CHICAGO, May 29 (AP) - A jury was CHICAGO, May 29 (AP) - A jury was empaneled today in the trial of the first of empaneled today in the trial of the first of four judges indicted in a three-and-half-year four judges indicted in a three-and-half-year Federal investigation of the Cook County Federal investigation of the Cook County court system. court system.

Judge indicted for accepting Kickapoo cashJudge indicted for accepting Kickapoo cashFRIDAY, OCTOBER 28, 2005FRIDAY, OCTOBER 28, 2005

Public Corruption: Public Corruption: UNCAC ProvisionUNCAC Provision

““Preventing conflicts of interest by imposing Preventing conflicts of interest by imposing restrictions, as appropriaterestrictions, as appropriate and for a and for a reasonable period of time, on the professional reasonable period of time, on the professional activities of former publicactivities of former public officials or on the officials or on the employment of public officials by the private employment of public officials by the private sector after theirsector after their resignation or retirement, resignation or retirement, where such activities or employment relate where such activities or employment relate directly to thefunctions held or supervised by directly to thefunctions held or supervised by those public officials during their tenurethose public officials during their tenure””

Public CorruptionPublic Corruption

Jack Abramoff CaseJack Abramoff Case

Abramoff Pleads Guilty to 3 CountsLobbyist to Testify About Lawmakers In Corruption ProbeBy Susan Schmidt and James V. GrimaldiWashington Post Staff WritersWednesday, January 4, 2006; Page A01 Jack Abramoff, the once-powerful lobbyist at the center of a wide-ranging public corruption investigation, pleaded guilty yesterday to fraud, tax evasion and conspiracy to bribe public officials in a deal that requires him to provide evidence about members of Congress.The plea deal could have enormous legal and political consequences for the lawmakers on whom Abramoff lavished luxury trips, skybox fundraisers, campaign contributions, jobs for their spouses, and meals at Signatures, the lobbyist's upscale restaurant.

Public Corruption: ToolsPublic Corruption: Tools

Wire Fraud: ElementsWire Fraud: Elements (1) that the defendant voluntarily and (1) that the defendant voluntarily and

intentionally devised or participated in a intentionally devised or participated in a scheme to defraud another out of money;scheme to defraud another out of money;

(2) that the defendant did so with the intent to (2) that the defendant did so with the intent to defraud; defraud;

(3) that it was reasonably foreseeable that (3) that it was reasonably foreseeable that interstate wire communications would be used; interstate wire communications would be used; and and

(4) that interstate wire communications were in (4) that interstate wire communications were in fact usedfact used


Linda Schrenko caseLinda Schrenko caseLinda Schrenko Sentenced To Eight Years In Prison (AP) - A federal judge sentenced former Georgia schools superintendent Linda Schrenko Wednesday to eight years in prison for her role in an embezzlement scheme that helped pay for her face lift and campaign for governor.

U.S. District Judge Clarence Cooper also ordered Schrenko to repay nearly 415-thousand dollars and said her prison sentence will be followed by three years supervision.


Tax EvasionTax Evasion In the United States, persons subject to the In the United States, persons subject to the

Internal Revenue Code who earn income by Internal Revenue Code who earn income by illegal means (gambling, theft, drug illegal means (gambling, theft, drug trafficking etc.) are required to report trafficking etc.) are required to report unlawful gains as income when filing annual unlawful gains as income when filing annual tax returns, but they often do not do so, tax returns, but they often do not do so, because doing so could serve as an because doing so could serve as an admission of guilt.admission of guilt.


Bill Campbell, Mayor of AtlantaBill Campbell, Mayor of AtlantaFormer Mayor Bill Campbell was acquitted on Friday of lining his pockets with payoffs while guiding Atlanta through a period of explosive growth that helped secure its place during the 1990s as a world-class city. However, the jury did find him guilty of three counts of tax evasion.

Campbell had no visible reaction as the verdict was read.

The 52-year-old Campbell could get up to nine years in prison. However, legal experts have said its doubtful he would get the maximum sentence in this case. The judge didn't immediately set a sentencing date.

The federal jury took a day and a half to find Campbell NOT guilty of racketeering and bribery after a seven-week trial that put his womanizing and his high-rolling, jet-setting ways on display with his wife sitting dutifully in the courtroom for most of the proceedings.

Public Corruption: Public Corruption: ResultsResults

Prosecution status 2003 2002 2001 2000 1999 1998 1997 1996 1995 1990 1985 1980

Total: Indicted 1,150 1,136 1,087 1,000 1,134 1,174 1,057 984 1,051 1,176 1,157 727

Convicted 868 1,011 920 938 1,065 1,014 853 902 878 1,084 997 602

Federal officials: Indicted

479 478 502 441 480 442 459 456 527 615 563 123

Convicted 421 429 414 422 460 414 392 459 438 583 470 131

State officials: Indicted

94 110 95 92 115 91 51 109 61 96 79 72

Convicted 87 132 61 91 80 58 49 83 61 79 66 51

Local officials: Indicted

259 299 224 211 237 277 255 219 236 257 248 247

Convicted 119 262 184 183 219 264 169 190 191 225 221 168

NOTE: Figures are latest available.Source: U.S. Department of Justice, Federal Prosecutions of Corrupt Public Officials, 1970–1980, and Report to Congress on the Activities and Operations of the Public Integrity Section, annual. From Statistical Abstract of the United States, 2006.

Public Corruption Prosecutions by the Federal Government:

ConclusionsConclusions

The United States has far to go in freeing itself The United States has far to go in freeing itself from public corruptionfrom public corruption

These trials are often expensive; investigations These trials are often expensive; investigations last for years, trials for weeks or monthslast for years, trials for weeks or months

Wherever there is power, there will be Wherever there is power, there will be corruption. The only thing to be done is to limit corruption. The only thing to be done is to limit power and to check corruption with adequately-power and to check corruption with adequately-funded prosecutors and an independent funded prosecutors and an independent judiciaryjudiciary

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