Cecily Zamora
Thousands of U.S. judges have broken laws or oaths and remained on the bench. In 2016, Judge Les Hayes was charged with violating Alabama's code of judicial conduct, including jailing people who were too poor to pay fines. In 2013, a federal lawsuit was filed alleging that city judges were unlawfully jailing the poor. It was years before civil rights lawsuits against Hayes and his fellow judges had much impact on the commission.
| Characteristics | Values |
|---|---|
| Judges who broke laws or oaths | Thousands |
| Judges who remained on the bench | Thousands |
| Judges who were charged with violating Alabama's code of judicial conduct | Hayes |
| Judges who broke state and federal laws by jailing people too poor to pay fines | Hayes |
| Judges who admitted to violating the state's judicial conduct code | Hayes |
| Judges who failed to "respect and comply with the law" | Hayes |
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What You'll Learn
Civil rights lawsuits against judges
In another case, Judge Les Hayes was charged with violating Alabama's code of judicial conduct in 2016. According to the Judicial Inquiry Commission, Hayes broke state and federal laws by jailing hundreds of 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".
Despite these clear breaches of the law and judicial conduct codes, thousands of U.S. judges who have broken laws or oaths have remained on the bench. In the case of Judge Les Hayes, it was years before the flurry of civil rights lawsuits against him and his fellow judges had much impact on the commission. The oversight agency opened its Hayes case in the summer of 2015, nearly two years after plaintiffs' lawyers in the civil rights cases filed a complaint with the body. Hayes spent another year and a half on the bench before accepting a suspension.
Community activist Karen Jones said she watched Judge Les Hayes "squeeze poor people for more money, then toss them in jail where they had to work off debts with free labour to the city". In the wake of the suits, the city's chief judge, Milton Westry, said that Hayes and his colleagues had changed how they handled cases involving indigent defendants, "since we learned a better way of doing things". As part of a settlement in the civil case, the city judges agreed to implement changes for at least two years, including making audio recordings of court hearings and notifying lawyers when clients are jailed for failing to pay fines.
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Judges unlawfully jailing the poor
In the US, thousands of judges have broken laws or oaths and remained on the bench. 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, including a breach of a judge’s most essential duty: failing to “respect and comply with the law”. Hayes sentenced Marquita Johnson to more than a year in jail when she couldn't afford to pay traffic fines. The sentence was so stiff it exceeded the jail time Alabama allows for negligent homicide. Johnson, who was locked up in April 2012, says the impact of her time in jail endures today.
Community activist Karen Jones said she watched Hayes “squeeze poor people for more money, then toss them in jail where they had to work off debts with free labor to the city”. In the wake of the suits, the city's chief judge, Milton Westry, said that Hayes and his peers had complied with reforms that required judges to make audio recordings of court hearings and notify lawyers when clients are jailed for failing to pay fines. As part of a settlement in the civil case, the city judges agreed to implement changes for at least two years.
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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Judges violating Alabama's code of judicial conduct
In the United States, thousands of judges who broke laws or oaths have remained on the bench. In 2016, the state agency that oversees judges charged Judge Les 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. One of the counts was a breach of a judge's most essential duty: failing to "respect and comply with the law".
The Code of Judicial Conduct imposes 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.
The Code of Conduct for United States Judges 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 such factors 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.
In the case of Judge Hayes, it was years before the flurry of civil rights lawsuits against him 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 with the body. Hayes spent another year and a half on the bench before accepting the suspension.
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Judges failing to respect and comply with the law
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. 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 2013, a federal lawsuit was filed alleging that city judges 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.
The oversight agency opened its Hayes case in summer 2015, nearly two years after plaintiffs’ lawyers in the civil rights cases filed a complaint with the body. Hayes spent another year and a half on the bench before accepting the suspension. Community activist Karen Jones said she watched Hayes “squeeze poor people for more money, then toss them in jail where they had to work off debts with free labour to the city”.
Hayes and his peers complied with reforms that required judges to make audio recordings of court hearings and notify lawyers when clients are jailed for failing to pay fines. As part of a settlement in the civil case, the city judges agreed to implement changes for at least two years.
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Judges mishandling cases involving indigent defendants
In the United States, thousands of judges have broken laws or oaths and remained on the bench. 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. This included 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 some cases, such as those involving juveniles or incompetent defendants, indigency is presumed. When an unrepresented defendant is charged with a felony, or a misdemeanour in which imprisonment or a fine of $500 or more is likely to be adjudged, a trial judge in both district and superior courts must determine whether the defendant is indigent. If the defendant is indigent, the court must either appoint counsel or obtain a waiver of representation from the defendant. However, the poor are disproportionately impacted by laws and procedures related to driver’s license suspensions, and the failure to provide adequate representation to the poor in state courts is a denial of constitutional rights.
In 2007, 964 public defender offices nationwide received nearly 6 million indigent defence cases. State-based public defender programs reported receiving a median of 82 felony cases, 217 misdemeanour cases, and 2 appeals cases for every single, full-time litigating attorney. Misdemeanour cases accounted for about 40% of all cases received by state-based public defender offices and about 50% of the cases received by county-based offices.
In the wake of lawsuits against city judges in Montgomery, Alabama, the city’s chief judge, Milton Westry, said that Hayes and his colleagues had changed how they handled cases involving indigent defendants. As part of a settlement in the civil case, the city judges agreed to implement changes for at least two years, including making audio recordings of court hearings and notifying lawyers when clients are jailed for failing to pay fines.
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Frequently asked questions
Civil rights lawsuits can be filed against the judge. In the case of Judge Les Hayes, he remained on the bench for another year and a half after the lawsuits were filed.
In 2013, a federal lawsuit was filed alleging that city judges were unlawfully jailing the poor. In 2016, Judge Les Hayes was charged with violating Alabama's code of judicial conduct by jailing people who were too poor to pay fines.
Civil rights lawsuits can be filed against the judges, and oversight agencies can open cases and conduct investigations. In the case of Judge Les Hayes, the Judicial Inquiry Commission charged him with violating state and federal laws.
