Cecily Zamora
In the United States, thousands of judges have broken laws or oaths and remained on the bench. In 2013, a federal lawsuit was filed alleging that city judges were unlawfully jailing the poor. This was followed by two more civil rights cases in 2015. In 2016, the state agency that oversees judges charged Hayes with violating Alabama's code of judicial conduct, including breaking state and federal laws by jailing people too poor to pay fines. Legal experts say that judges could hold an agency or official in civil or criminal contempt, but there are few options to force compliance with its pronouncements.
| Characteristics | Values |
|---|---|
| Unlawfully jailing the poor | A federal lawsuit was filed in 2013 alleging that city judges were unlawfully jailing the poor |
| Violating Alabama's code of judicial conduct | Judge Les Hayes was charged with violating Alabama's code of judicial conduct by jailing people who were too poor to pay fines |
| Failing to respect and comply with the law | Judge Les Hayes admitted in court documents to violating a judge's essential duty to respect and comply with the law |
| Holding an agency or official in contempt | Legal experts say that judges could hold an agency or official in civil or criminal contempt |
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What You'll Learn
Judges unlawfully jailing the poor
In 2013, a federal lawsuit was filed alleging that city judges in Montgomery were unlawfully jailing the poor. A similar suit was filed in 2014, and two more civil rights cases were filed in 2015. The lawsuits detailed practices similar to those that helped fuel protests in Ferguson, Missouri, after a white police officer killed a Black teenager in 2014. In a scathing report on the origins of the unrest, the U.S. Department of Justice exposed how Ferguson had systematically used traffic enforcement to raise revenue through excessive fines, a practice that fell disproportionately hard on Black residents.
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 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. One of the counts was a breach of a judge’s most essential duty: failing to “respect and comply with the law”.
In the past dozen years, state and local judges have repeatedly escaped public accountability for misdeeds that have victimized thousands. Nine of 10 kept their jobs, a Reuters investigation found – including an Alabama judge who unlawfully jailed hundreds of poor people, many of them Black, over traffic fines. Judge Les Hayes once sentenced a single mother to 496 days behind bars for failing to pay traffic tickets. The sentence was so stiff it exceeded the jail time Alabama allows for negligent homicide. Marquita Johnson, who was locked up in April 2012, says the impact of her time in jail endures today.
In December 2016, a group of legal activists, court administrators, judges, lawmakers, and people directly impacted by these unlawful practices gathered at the White House at a meeting sponsored by the DOJ. The DOJ released a “Dear Colleague” letter that built on lawsuits brought by grassroots groups across the country and put courts on notice that they must determine whether a person can pay before imprisoning them for unpaid fines or fees. The DOJ outlined the due process and equal protection arguments put forward in the lawsuits and required courts to consider alternatives to incarceration, give access to hearings to determine indigence, provide notice of proceedings, and provide counsel.
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Civil rights lawsuits
In 2013, a federal lawsuit was filed alleging that city judges were unlawfully jailing the poor. Two more civil rights cases were filed in 2015. It was years before the flurry of civil rights lawsuits against Hayes and his fellow judges had much impact on the commission. The oversight agency opened its Hayes case in summer 2015, nearly two years after plaintiffs’ lawyers in the civil rights cases filed a complaint. Hayes spent another year and a half on the bench before accepting the suspension.
Judges could hold an agency or official in civil or criminal contempt, but there are few options to force compliance with its pronouncements.
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Judges violating Alabama's code of judicial conduct
There have been several instances of judges violating Alabama's code of judicial conduct. In 2016, the state agency that oversees judges charged Judge Les Hayes with violating Alabama's code of judicial conduct. Hayes broke state and federal laws by jailing hundreds of Montgomery residents who were too poor to pay fines. He 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 2013, a federal lawsuit was filed alleging that city judges in Montgomery were unlawfully jailing the poor. A similar suit was filed in 2014, and two more civil rights cases were filed in 2015. The lawsuits detailed practices similar to those that helped fuel protests in Ferguson, Missouri, after a white police officer killed a Black teenager in 2014.
The Code of Judicial Conduct is designed to provide guidance to judges and nominees for judicial office. It may also provide standards of conduct for application in proceedings under the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980. Not every violation of the Code should lead to disciplinary action. Whether disciplinary action is appropriate, and the degree of discipline, should be determined through a reasonable application of the text and should depend on factors such as the seriousness of the improper activity, the intent of the judge, whether there is a pattern of improper activity, and the effect of the improper activity on others or on the judicial system.
Paragraphs (A) and (B) impose an obligation on the judge to report to the appropriate disciplinary authority the known misconduct of another judge or a lawyer that raises a substantial question regarding the honesty, trustworthiness, or fitness of that judge or lawyer. Ignoring or denying known misconduct among one's judicial colleagues or members of the legal profession undermines a judge's responsibility to participate in efforts to ensure public respect for the justice system. Appropriate action may include, but is not limited to, communicating directly with the judge who may have violated this Code, communicating with a supervising judge, or reporting the suspected violation to the appropriate authority or other agency or body.
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Judges holding an agency or official in civil or criminal contempt
Judges can hold an agency or official in civil or criminal contempt. This is one of the few options available to force compliance with judicial rulings.
In the US, thousands of judges have broken laws or oaths and remained on the bench. For example, in 2016, the state agency that oversees judges charged Hayes with violating Alabama's code of judicial conduct. He broke state and federal laws by jailing people who were too poor to pay fines. In another case, a federal lawsuit was filed in 2013, alleging that city judges were unlawfully jailing the poor.
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Judges complying with reforms
In the wake of civil rights lawsuits, judges have complied with reforms that require them to make audio recordings of court hearings and notify lawyers when clients are jailed for failing to pay fines. These changes have been implemented for at least two years as part of a settlement in a civil case.
Judges are required to respect and comply with the law, and when they break laws or oaths, there can be serious consequences. For example, in 2016, the state agency that oversees judges charged Hayes with violating Alabama's code of judicial conduct. 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 another instance, a federal lawsuit was filed in November 2013, alleging that city judges were unlawfully jailing the poor. This was followed by similar suits in 2014 and two more civil rights cases in 2015. It was only in summer 2015, nearly two years after the initial complaint, that the oversight agency opened its case. The judge in question, Les Hayes, spent another year and a half on the bench before accepting a suspension.
Legal experts say that judges could hold an agency or official in civil or criminal contempt if they break the law or fail to comply with judicial rulings. However, there are few options to force compliance with its pronouncements. It is important for judges to uphold the law and ensure that their actions do not disproportionately impact certain communities, as seen in the case of Ferguson, Missouri, where excessive fines were used to raise revenue, falling disproportionately on Black residents.
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Frequently asked questions
Jailing people who are too poor to pay fines.
They may be charged with violating the state's code of judicial conduct and suspended from their position.
They may face civil rights lawsuits and be required to implement changes in how they handle cases involving indigent defendants.
Yes, a civic judge can be removed from their position for breaking federal law.
There may be a flurry of civil rights lawsuits filed against the judge and their fellow judges.
