I nde pe nde nc e I nte g rity I mpa rtia lity C ONF NCE IN M - - PDF document

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I nde pe nde nc e I nte g rity I mpa rtia lity C ONF NCE IN M - - PDF document

Dec 21, 2022 345 likes •528 views

ETHICS AND JUDICIAL SERVICE North Carolina Magistrates 2017 Spring Conference April 4-7, 2017 Harrahs Resort, Cherokee, NC J AMESON M. M ARKS Commission Counsel Judicial Standards Commission Ma g istra te s & Judic ia l E thic s T

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JAMESON M. MARKS

Commission Counsel Judicial Standards Commission

ETHICS AND JUDICIAL SERVICE

North Carolina Magistrates 2017 Spring Conference April 4-7, 2017 Harrah’s Resort, Cherokee, NC

Ma g istra te s & Judic ia l E thic s

T he mission of the Ma g istra te is to prote c t a nd pre se rve the rig hts a nd libe rtie s of a ll of the pe ople , a s g ua ra nte e d by the Constitution a nd la ws of the Unite d Sta te s a nd North Ca rolina , by providing a fa ir, inde pe nde nt a nd a c c e ssible forum the just, time ly a nd e c onomic a l re solution of the ir le g a l a ffa irs.

http:/ / www.a o c .sta te .nc .us/ ma g istra te / Ab o utUs/ inde x .htm:

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T he Ma g istra te ’s Mission a nd Sha re d Va lue s in the Code of Judic ia l Conduc t I

nde pe nde nc e

I

nte g rity

I

mpa rtia lity

C ONF

IDE NCE IN MAGIST RAT E S

PROMOT

E S T HE SAME G OAL S AS

C ONF

IDE NCE IN JUDGE S

 Ac c o unta b ility fo r ma g istra te s, like

tha t fo r judg e s, is just o ne pie c e o f the puzzle inte nde d to :

  • E

nsure pub lic c o nfide nc e in the c o urts

  • Pre se rve judic ia l inde pe nde nc e
  • Ma inta in the rule o f la w
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Judic ia l Inde pe nde nc e

“All the rights secured to the citizens under the Constitution are worth nothing, and a mere bubble, except guaranteed to them by an independent and virtuous Judiciary.”

  • Andrew Jackson

Rule of L a w

1.

A system of self-government in which all persons, including the government, are accountable under the law

2.

A system based on fair, publicized, broadly understood and stable laws

3.

A fair, robust, and accessible legal process in which rights and responsibilities based in law are evenly enforced

4.

Diverse, competent, and independent lawyers and judges

Credit: Bill Watterson

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Public Confidence

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DIF

F E RE NCE S IN ACCOUNT ABIL IT Y

ME

CHANISMS F OR MAGIST RAT E S &

JUDGE

S

N.C. Constitution

  • Art. IV, §17(3)

N.C. Ge n. Sta t. §7A- 173 N.C. Ge n. Sta t. §7A- 376

N.C. Const. Art. IV, § 17(3)

(3) Re mova l of Ma g istra te s.

T he Ge ne ra l Asse mb ly sha ll pro vide b y g e ne ra l la w fo r the re mo val

  • f

Ma g istra te s fo r misc o nduc t o r me nta l o r physic a l inc a pa c ity.

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N.C. Ge n. Sta t. § 7A- 173

(a ) A ma g istra te ma y b e suspe nde d fro m

pe rfo rming the dutie s o f his o ffic e b y the c hie f distric t judg e

  • f the

distric t c o urt distric t in whic h his c o unty is lo c a te d , o r re mo ve d fro m o ffic e b y the se nio r re g ula r re side nt supe rio r c o urt judg e

  • f, o r a ny

re g ula r supe rio r c o urt judg e ho lding c o urt in the distric t o r se t o f distric ts a s de fine d in G.S. 7A-41.1(a ) in whic h the c o unty is lo c a te d. Gr

  • unds forsuspe nsion orr

e moval ar e the same as for a judge of the Ge ne r al Cour t of J ustic e .

N.C. Ge n. Sta t. § 7A- 376

(b)

Upo n re c o mme nda tio n

  • f

the Co mmissio n, the Supre me Co urt ma y issue a pub lic re prima nd, c e nsure , suspe nd,

  • r

re mo ve a ny judg e fo r willful misc o nduc t in

  • ffic e ,

willful a nd pe rsiste nt failure to pe rfo rm the judg e 's dutie s, ha b itua l inte mpe ra nc e , c o nvic tio n

  • f

a c rime invo lving mo ra l turpitude ,

  • r

c o nduc t pre judic ial to the a dministra tio n o f justic e tha t b ring s the judic ia l o ffic e into disre pute .

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Willful Misc onduc t

“A specific intent to use the powers of the judicial office to accomplish a purpose which the judge knew or should have known was beyond the legitimate exercise of his authority constitutes bad faith.” - In re Nowell, 293 N.C. 235, 248 (1977) “Willful misconduct in office is the improper or wrongful use of the power of his

  • ffice by a judge acting intentionally, or with gross unconcern for his conduct, and

generally in bad faith. It involves more than an error of judgment or a mere lack of diligence.” This would encompass “any knowing misuse of the office, whatever the motive.” - In re Nowell, 293 N.C. 235, 248 (1977) “Further, if a judge knowingly and wilfully persists in indiscretions and misconduct which this Court has declared to be, or which under the circumstances he should know to be, acts which constitute wilful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute, he should be removed from office.” - In re Peoples, 296 N.C. 109, 157 (1978). “A judge should be removed from office and disqualified from holding further judicial

  • ffice only for the more serious offense of wilful misconduct in office.”
  • In re Peoples, 296 N.C. 109, 158 (1978).

Conduc t Pre judic ia l to the Administra tion of Justic e

“Conduct which a judge undertakes in good faith but which nevertheless would appear to an objective observer to be not only unjudicial conduct but conduct prejudicial to public esteem for the judicial office.”

  • In re Edens, 290 N.C. 299, 305 (1976).

“[A] judge may also, through negligence or ignorance not amounting to bad faith, behave in a manner prejudicial to the administration of justice so as to bring the judicial office into disrepute.” – In re Nowell, 293 N.C. 235, 248-249 (1977). “Whether the conduct of a judge may be characterized as prejudicial to the administration of justice which brings the judicial office into disrepute depends not so much upon the judge’s motives but more on the conduct itself, the results thereof, and the impact such conduct might reasonably have upon knowledgeable observers.”

  • In re Crutchfield, 289 N.C. 597, 603 (1975).
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Conduc t Pre judic ia l to the Administra tion of Justic e

“A violation of this Code of Judicial Conduct may be deemed conduct prejudicial to the administration of justice that brings the judicial office into disrepute”

  • N.C. Code Jud. Cond. Preamble

Code of Judic ia l Conduc t

  • Written by the North Carolina Supreme Court
  • District judges and superior court judges take their cues
  • n what is appropriate for judicial officers from these

rules, and may hold you to the same standards!

  • Canon 3B(2) of the Code of Judicial Conduct:

“A judge should require the judge’s staff and court

  • fficials subject to the judge’s direction and control to
  • bserve the standards of fidelity and diligence that apply

to the judge.”

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C ODE OF JUDICIAL C ONDUCT : O VE

RVIE W

 Pre a mb le  Ca no ns 1-7

 Ca no ns 1 & 2: E

thic a l dutie s o f judg e s b o th o n a nd o ff the b e nc h

 Ca no n 3: E

thic a l dutie s o f judg e s while unde rta king o ffic ia l dutie s

 Ca no ns 4 & 5: E

thic a l dutie s o f judg e s in pe rso na l a nd c ivic ac tivitie s

 Ca no n 6: Gift a nd inc o me re po rting  Ca no n 7: E

thic a l dutie s o f judg e s whe n e ng a g e d in po litic a l c o nduc t

 Sta tute o f L

imita tio ns

 Sc o pe No te (Judic ia l Ca ndida te s, Ne w Judg e s)

Ca non 1:

A judg e should uphold the inte g rity a nd inde pe nde nc e of the judic ia ry.

“A judg e should pa rtic ipa te in e sta blishing , ma inta ining , a nd e nforc ing , a nd should pe rsona lly

  • bse rve ,

a ppropria te sta nda rds

  • f

c onduc t to e nsure tha t the inte g rity a nd inde pe nde nc e of the judic ia ry sha ll be pre se rve d.”

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Ca non 2:

A judg e should a void improprie ty in a ll the judg e 's a c tivitie s.

  • Unla wful c o nduc t - Ca no n 2A
  • L

e tting fa mily o r pe rso na l re la tio nships a ffe c t yo ur judg me nt - Ca no n 2B

  • Using the pre stig e o f yo ur o ffic e fo r yo ur pe rso na l

b e ne fit o r the b e ne fit o f o the rs - Ca no n 2B

  • Me mb e rship in disc rimina to ry o rg a niza tio ns – Ca no n 2C

Ca non 3:

A judg e should pe rform the dutie s of the judg e 's offic e impa rtia lly a nd dilig e ntly.

 Ca no n 3 re la te s to o ffic ial ac tio n

a nd is divide d into thre e ke y a re a s:

  • Ca non 3A – g o ve rning a djudic a tive

dutie s

  • Ca non 3B – g o ve rning a dministra tive

dutie s

  • Ca non 3C & D – g o ve rning

disq ua lific a tio n

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Ca nons 4 & 5:

Re g ula ting Your E xtra - Curric ula r a nd Profe ssiona l Ac tivitie s

 I

t’ s g o o d to b e invo lve d in yo ur c o mmunitie s, pro fe ssio na l

  • rg a niza tio ns, no n-pro fits, e tc ., b ut b e c a re ful.

 T

hing s to a vo id in a ll o f the se a c tivitie s:

  • Be lo ng ing to g ro ups tha t ma y c a st do ub t o n yo ur

impa rtia lity

  • He lping o rg a niza tio ns in fundra ising a c tivitie s
  • Be ing invo lve d with g ro ups tha t o fte n a ppe a r b e fo re yo u
  • Ne g le c ting yo ur judic ia l dutie s

What Gets Judges in Trouble?

Interactive Q & A

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14 District Court judge added at least 82 traffic tickets

  • f friends and church members to the docket and

then dismissed or continued them without hearing evidence. The judge previously had received a private warning for similar conduct.

  • A. Reprimand
  • B. Suspension
  • C. Removal

District Court judge removed about 50 traffic cases (incl. DWIs) from the calendar, placed the cases in his

  • wn file, then later dismissed them without notice to

the DA. Some defendants had to pay a “cost of court” to the judge, who sometimes passed the money on to the clerk and at other times did not.

  • A. Reprimand
  • B. Suspension
  • C. Removal
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15 District Court judge failed to disclose and recuse based on a business relationship with a lawyer; tried to bully the DA into waiving the disqualification; lied to the DA about the status of the Commission’s investigation; threatened retaliation against the DA; plus rude and insulting courtroom behavior.

  • A. Reprimand
  • B. Suspension
  • C. Removal

District Court judge refused to grant a defendant in a domestic violence case a continuance to hire a lawyer;

  • rdered spousal support with no evidence and when not

requested; referred disparagingly to a defendant’s Hispanic ethnicity; ordered a defendant’s wallet taken and searched for money; tried to influence the testimony of the court clerk on what happened; and lied to SBI agents investigating the misconduct.

  • A. Reprimand
  • B. Suspension
  • C. Removal
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District Court judge was convicted of failing to file federal tax returns.

  • A. Reprimand
  • B. Suspension
  • C. Removal

Othe r E xa mple s…

 District Court judge attempted to get female defendants to have sex with him in exchange for his help with their cases.  District Court judge took bribes from undercover FBI agents to dismiss traffic cases and protect a gambling business.  Superior court judge attempted to get the DA not to prosecute a rape case against someone who procured women for the judge; sought sex with defendants in exchange for helping with their cases; sexually assaulted a female probation officer; and tried to persuade another judge to not convene a grand jury to indict him.  District Court judge failed to leave the boards of two companies when he took office despite being advised by the Commission to do so; he also lied to investigators about those companies providing him with health insurance.

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