Kara Sears
Judges are meant to uphold the law, but what happens when they break it? In the United States, thousands of judges who broke laws or oaths have remained on the bench. Judges have made racist statements, lied to state officials, and forced defendants to languish in jail without a lawyer. In one case, a judge was charged with violating Alabama's code of judicial conduct by jailing hundreds of people too poor to pay fines. Despite these transgressions, some judges have faced little more than a rebuke from state agencies. So, what can be done when a judge breaks the law?
| Characteristics | Values |
|---|---|
| Judge breaking the law | Catoosa County Magistrate Judge in Georgia |
| Judge Hayes | |
| Judge Les Hayes | |
| Judicial oversight failures | South Carolina |
| Louisiana | |
| Illinois | |
| Judicial misconduct | 1,509 cases from 2008-2019 |
| 3,613 cases from 2008-2018 |
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What You'll Learn
Judges who break the law and remain on the bench
Judicial misconduct can take many forms, including racist statements, lying to state officials, and forcing defendants to languish in jail without a lawyer. In one example, a judge was charged with violating Alabama's code of judicial conduct by jailing hundreds of people too poor to pay fines. This included a single mother who couldn't afford to pay traffic fines and was sentenced to more than a year in jail.
When a judge breaks the law, there may be penalties levied against them. For instance, if a judge is aware of proper grounds for recusal but fails to do so, they may face consequences. However, in some cases, judges who have committed misconduct have returned to the bench with little more than a rebuke from state agencies. This highlights the need for better judicial oversight and transparency in holding judges accountable for their actions.
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Judges who make racist statements
When a judge breaks the law, they can be charged with violating the code of judicial conduct. For example, in 2016, the state agency that oversees judges charged Judge Hayes with violating Alabama's code of judicial conduct. He broke state and federal laws by jailing hundreds of people who were too poor to pay fines.
In another case, Judge Kathleen Ryan was accused of making racist comments and using derogatory language. A high-ranking probate court official, Edward Hutton, said he had been recording Ryan's statements for years and that she had "vocalised her hate and contempt for various protected groups". Once the recordings were shared with state and county officials, Ryan was removed from her docket.
In some cases, judges who break the law or make racist statements may face little more than a rebuke from state agencies. However, there have been instances where judges have been publicly disciplined, resigned, or retired following accusations of misconduct.
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Judges who lie to state officials
In the United States, thousands of judges who broke laws or oaths have remained on the bench. Judges have made racist statements, lied to state officials, and forced defendants to languish in jail without a lawyer. In some cases, they have been allowed to return to the bench with little more than a rebuke from the state agencies overseeing their conduct.
In 2016, the state agency that oversees judges charged Hayes with violating Alabama's code of judicial conduct. According to the Judicial Inquiry Commission, Hayes broke state and federal laws by jailing Johnson and hundreds of other Montgomery residents too poor to pay fines. Hayes admitted in court documents to violating 10 different parts of the state's judicial conduct code, including failing to "respect and comply with the law".
Legislators pushing the Big Lie of election fraud have also attacked the independence of state judges. Legislators have passed laws to prevent judges from intervening in future elections. For example, a new Georgia law makes it harder for state courts to expand polling hours.
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Judges who jail defendants without a lawyer
In the United States, thousands of judges who broke laws or oaths have remained on the bench. Judges have made racist statements, lied to state officials and forced defendants to languish in jail without a lawyer. In 2016, the state agency that oversees judges charged Hayes with violating Alabama’s code of judicial conduct. According to the Judicial Inquiry Commission, Hayes broke state and federal laws by jailing Johnson and hundreds of other Montgomery residents too poor to pay fines.
In 1976, the U.S. Supreme Court determined that the Fourteenth Amendment permits non-lawyer judges to impose jail time so long as the defendant has the ability to get a do-over in front of a judge who is a lawyer. However, the U.S. Supreme Court has never decided whether it is okay for a defendant to be tried by a non-lawyer judge where a state does not give the defendant a new trial on appeal to a court whose judge is a lawyer. In Alaska and Wisconsin, a non-lawyer judge may only try a defendant in a criminal proceeding with a potential for incarceration if the defendant consents to doing so. In Georgia, a non-lawyer judge may only try a defendant in a criminal proceeding with the potential for incarceration if the defendant waives his right to a trial by jury. In eight states (Arizona, Colorado, Montana, Nevada, New York, South Carolina, Texas, and Wyoming), a defendant can stand trial before a non-lawyer judge on a jailable offense, and if he is convicted and sentenced to jail, his only recourse is to appeal to a higher court with a judge who is a lawyer.
If a judge has broken the law, there may be penalties levied against them.
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Judges who violate state and federal laws by jailing people who are too poor to pay fines
Judges are meant to uphold the law, but what happens when they break it?
In 2016, the state agency that oversees judges charged Judge Les Hayes with violating Alabama's code of judicial conduct. According to the Judicial Inquiry Commission, Hayes broke state and federal laws by jailing Marquita Johnson and hundreds of other Montgomery residents too poor to pay fines. Among those jailed were a plumber struggling to make rent, a mother who skipped meals to cover the medical bills of her disabled son, and a hotel housekeeper working her way through college. Hayes, a judge since 2000, admitted in court documents to violating 10 different parts of the state's judicial conduct code, including a breach of a judge's most essential duty: failing to "respect and comply with the law".
In the US, the Supreme Court has ruled that jailing people who are too poor to pay fines is unconstitutional. In two separate, unanimous decisions, the court held that incarcerating people too poor to pay fines violated the federal Constitution – unless, as was ruled in 1983, it could be demonstrated that a defendant "willfully refused" to pay. Despite this, Texas judges routinely jail people who are unable to pay fines for traffic citations and other minor offences. Texas state law and an instruction manual for Texas judges declare that, before jailing a defendant for failure to pay fines, the court must first hold a hearing on the defendant's ability to pay and, if they are financially unable, offer community service as an alternative. However, this does not always happen in practice.
Judges who break the law can face penalties, including being charged with violating the state's code of judicial conduct, as in the case of Judge Hayes. They may also be publicly disciplined, forced to resign or retire, or even jailed themselves. In some cases, judges who have broken the law have been allowed to remain on the bench, sometimes with little more than a rebuke from the state agencies overseeing their conduct.
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Frequently asked questions
If you believe a judge has broken the law, you can report them to the relevant state agency. In the US, for example, the Judicial Inquiry Commission oversees judges' conduct.
If a judge is found to have broken the law, they may be charged with violating the state's code of judicial conduct. This could result in penalties, resignation, retirement, or public discipline.
Judges have been known to make racist statements, lie to state officials, and jail defendants without a lawyer. Some judges have also been accused of jailing people who are too poor to pay fines.
Yes, a judge can be removed from the bench if they are found to have broken the law or violated their oath. However, in some cases, judges have remained on the bench despite their misconduct.
