Two Bribe-Taking Judges Report To Jail; Join Bribe-Paying Attorney

In Jackson, Mississippi, The Associated Press reports:

• Two former judges report[ed] to federal prison [last week] to begin serving lengthy sentences for their roles in a judicial bribery scandal that entangled one of the state's most prominent plaintiffs attorneys. Former Circuit Judge John Whitfield and former Chancery Judge Wes Teel, both of Harrison County on the Mississippi coast, were convicted in March of bribery and mail fraud. Whitfield, 45, was sentenced to more than nine years. Teel, 57, was sentenced to almost six years. Paul Minor, who was convicted of bribing the judges, is already serving an 11-year sentence in a federal prison in Tallahassee, Fla. The 61-year-old Minor was once considered among the top trial lawyers in Mississippi, amassing a fortune from tobacco, asbestos and other litigation.

The men were found guilty at the end of a second trial. The first trial in 2005, which ended with the acquittal of Mississippi Supreme Court Justice Oliver Diaz Jr., ended in a hung jury as to them. Diaz was the only one cleared of all charges and has since returned to the bench.

Minor and the former judges are appealing their convictions, claiming to be victims of a political witchhunt by a Republican controlled [U.S.] Justice Department that wanted to bring an end to Minor's financial support of Democratic candidates.

For more, see Former Miss. judges report to jail.

Go here for other posts on judges and their "judicial misjudgments". naughty judges knuckleheaded judges zeta

Judges Are Human, Too

The following stories support the proposition that judges, like the rest of us, are human and that some of them are quite capable of getting into hot water.

• Pennsylvania: An unprecedented case of judicial corruption is unfolding in Pennsylvania. Several hundred families have filed a class-action lawsuit against two former judges who have pleaded guilty to taking bribes in return for placing youths in privately owned jails. Judges Mark Ciavarella and Michael Conahan are said to have received $2.6 million for ensuring juvenile suspects were jailed in prisons operated by the companies PA Child Care and a sister company, Western PA Child Care. See Penn. Judges Get Kickbacks for Placing Youths in Privately Owned Jails.

• Iowa: A former Scott County judge who pleaded guilty to federal bank fraud, identity theft and forgery charges will make his first court appearance on state charges in February, according to documents filed in Scott County District Court. Kyle Williamson is accused of two counts of falsifying public documents. The charges include an accusation that Williamson forged the signature of a judge shortly before he was named a judge himself. See Former judge’s state charges going forward. See also: Kyle Williamson case: Former judge pleads guilty to falsifying documents.

• New York: Supreme Court Justice Joseph S. Alessandro of the Ninth Judicial District in New York and his brother, Bronx Civil Court Judge Francis M. Alessandro, should be removed from office for failing to repay on time a $250,000 loan made to one of Joseph Alessandro's campaigns and for misstating their financial holdings and obligations on disclosure forms and loan applications, the Commission on Judicial Conduct recommended in two decisions made public in February. See N.Y. Agency Recommends Removal of Two Judges Who Are Brothers (Read the Commission's Findings on Justice Joseph Alessandro and Judge Francis Alessandro).

• New York: A Long Island judge notoriously dubbed "Senator Road Rage" for his horrifying behavior while he was a politician nearly mowed down a traffic agent in Manhattan and then threatened the officer's job, The Post has learned. Court of Claims Judge James J. Lack and his daughter, Katherine, 37, were "barreling down" West 60th Street near the Mandarin Oriental Hotel at about 5 p.m. when they crossed paths with the unlucky agent, sources said. The robed rage-a-holic - who's been involved in dozens of angry driving incidents over the last 20 years - gunned his engine to swerve around the agent, who struck his hand on the passenger's-side mirror, the sources said. See ROAD-RAGE LI JUDGE IS AT IT AGAIN.

• Texas: The presiding judge of the highest criminal court in Texas has been charged by the state judicial ethics commission. Judge Sharon Keller has been charged over her refusal to allow Michael Richard, a death row prisoner, to file an after-hours appeal in 2007. Keller, a Republican, could be removed from office or reprimanded if she is convicted. The State Commission on Judicial Conduct, in its charging papers, said Keller's "willful and persistent failure" to follow her court's execution-day procedures on Sept. 25, 2007, constituted "incompetence in the performance of duties of office." See Texas judge charged with judicial misconduct.

• Arkansas: A lawyer accused of trying to defraud a pawnshop out of a lawn mower has pleaded guilty to a misdemeanor charge and surrendered his law license. Donald Warren Senior of Pine Bluff was serving as a special judge in Jefferson County when he signed an order July 16 for Money Corner to release a Land-Pride Finish Mowing Deck to him. Warren claimed he was the owner, although he had not filed a police report on the theft of the machine. See Ark. lawyer enters guilty plea, surrenders license.

For other posts on judges in hot water, go here and go here. knuckleheaded judges zeta

Jacksonville Judge Who Fired Cancer-Stricken Judicial Assistant "A No-Good Son Of A *itch!" Says Chief Judge

In Jacksonville, Florida, The Florida Times Union reports:

• Twelve days before Christmas, Circuit Judge Aaron Bowden fired his 17-year judicial assistant, who had been on leave since August with cancer. The Jacksonville judge said he feared her prolonged illness would leave him without an assistant at a time when the state had implemented a hiring freeze.

• But his decision left Christine Birch, 54, with no medical, life or disability insurance and has created a firestorm at the courthouse. Chief Circuit Judge Donald Moran responded by calling Bowden "a no-good son of a [*]itch," prompting Bowden to respond with a blistering e-mail defending his decision and calling Moran's criticism irresponsible, unprofessional and unseemly. Other judges' assistants were also appalled by Birch's firing. They raised money to pay her rent this month.

For more, see Judge fires his assistant, draws criticism (The woman, his aide for 17 years, has cancer and was on leave).

For other posts on some of the knuckleheaded members of our esteemed judiciary, go here and go here. knuckleheaded judges zeta

Lawyers, Judges, Bribes & The State Of Mississippi

Anyone interested in a story involving high-powered attorneys allegedly attempting to buy off judges in the State of Mississippi, you can check out:

1. Federal Indictment - U.S. v. Dickie Scruggs, Zach Scruggs, Sidney Backstrom, Steve Patterson, Tim Balducci,
2. Scruggs case at a glance (The Jackson Clarion Ledger),
3. Prosecutor: Miss. judge told ruling could earn federal bench bid (Herald Tribume),
4. Another lawyer pleads guilty (Court papers filed point to Scruggs) (The Jackson Clarion Ledger),
5. Former Miss. auditor pleads guilty in judicial bribery attempt in which top lawyer charged,
6. Scruggs scandal update: Information in Langston plea,
7. Scruggs Nation, Day 48: center for news updates.

Lawyer Tim Balducci has already pleaded guilty to the bribery charges described in the indictment. He admitted he approached Lafayette County Circuit Judge Henry Lackey in March about taking a bribe in a $26 million legal-fees dispute involving litigation on behalf of Hurricane Katrina victims. Lackey contacted authorities and began cooperating with the FBI. Eventually, Balducci told authorities he gave the judge a $40,000 bribe to rule in Scruggs' favor. The others named in the indictment have all pleaded not guilty.

Coincidentally, indicted high-powered attorney Dickie Scruggs is the brother-in-law of recently retired Mississippi U.S. Senator Trent Lott. knuckleheaded judges zeta

The Broken Gavel Awards

Incorrigibles and other assorted knuckleheads seem to infiltrate all fields and occupations. A recent column in The Southeast Texas Record serves as a reminder that the judiciary is no less immune to such infiltration.

Whether its lying to investigators investigating sexual misconduct allegations, soliciting sexual favors in return for leniency, transporting prostitutes across state lines, tax evasion in kickback schemes, lying about neck and back injuries - and later abusing one's position on the bench - in order to cash in on roughly $440,000 in insurance payments following an auto accident, the columnist, Texas attorney John G. Browning, observes that "judges' recent foibles have demonstrated that they, too, are as prone to character flaws as the defendants appearing before them."

For the story, see Legally Speaking: The Broken Gavel Awards.

See also, Reader's Digest: America's Worst Judges (Our Broken Gavel Award winners, and the damage they do). knuckleheaded judges zeta

D.C. Judge Violates Code Of Conduct For Shackling, Jailing Defense Attorney; Gets Off With Writing Apology

Legal Times reports:

• The D.C. Commission on Judicial Disabilities and Tenure determined last week that D.C. Superior Court Judge John Bayly Jr. violated the code of judicial conduct when he ordered a Public Defender Service attorney to be shackled and detained after an argument. [...] According to the commission, Bayly has accepted the commission's conclusion and recognized his violation. He also wrote a note to [P.D.S. attorney Liyah] Brown apologizing for his actions. The commission said in view of Bayly's more than 18-year record on the bench, no further sanctions were necessary.

For more, see Judge Found in Violation of Conduct Code After Ordering Attorney to Be Shackled.

For other posts on some of the moronic or otherwise knuckleheaded conduct of a few members of our esteemed judiciary, go here and go here. knuckleheaded judges zeta

False Expense Reports, Sarcastic & Angry Tones, Crude Remarks Get Judges In Hot Water

This blog's never ending search for media reports on our robed members of the judicial branch of government getting themselves into hot water yields the following two stories:

• California: Los Angeles Times: Orange County judge is removed from bench (Kelly MacEachern is removed from her duties in Newport Beach after a judicial commission finds that she filed false expense claims for a legal conference. She plans to appeal).

• New York: ABA Journal (published by the American Bar Association): Frustrated Judge Reprimanded for Sarcastic Tone, ‘[*]sshole’ Remark (A New York state judge says he won’t fight a reprimand for speaking to litigants in a tone of voice deemed to be sarcastic, angry and scolding. He was also cited for telling staffers that a litigant was an “[*]sshole”). Go here for the findings of the New York State Commission on Judicial Conduct in this case.

For other posts on the questionable judgment exercised by some of the members of our esteemed judiciary, go here and go here. knuckleheaded judges zeta

West Virginia Loophole Allows For Judicial Double-Dipping As Some Judges Simultaneously Collect Pension, Paychecks

In Kanawha County, West Virginia, an opinion column in The West Virginia Record comments:

• Kanawha Circuit Judge Charles King doesn't want to talk about how he found a legal loophole to rip off the taxpayers and enrich himself. We don't blame him. When it's your job to serve as a trusted arbiter of disputes between others who put their fates in your hands, the last thing you'd want is for word to get out that, when the robes come off, you play the legal angles for cash. Judge King "retired" last October after 20 years on the bench. He sent in a resignation letter to Gov. Joe Manchin.

***

• King retired in October and won re-election in November. Now he's back on the bench -- collecting his judicial salary and his pension at the same time. That was the cash-point of the letter. It enabled King to double-dip on West Virginia taxpayer coffers, gaming [the] state pension system so he can work and collect a pension at the same time. Indeed, Judge King cynically knew what his future would bring.

• King's 'legal' ploy -- retire and then rejoin the bench two months later -- lets him "earn" a taxpayer-supported paychecks of up to $188,000 per year. You can buy a lot of fancy robes with that.

• Called on the carpet for his similar subterfuge, Cabell Circuit Judge Alfred Ferguson was quick to note that his deal is "perfectly legal," arguing that since he paid into the pension system, he's just collecting what is rightfully his.

For more, see Judicial hustle.

For other posts on the sometimes questionable judgment exercised by some of the members of our esteemed judiciary, go here and go here. knuckleheaded judges zeta

New Hampshire High Court Opens Misconduct Case Against Judge Who Helped Now-Disbarred Hubby In Attempt To Stiff State Bar; Boot From Bench Possible

In New Hampshire, the Concord Monitor reports:

• The state Supreme Court opened its misconduct case of Judge Patricia Coffey [last week] with several pointed questions about the trust she created and used to shield her husband's assets from creditors. Among the questions was this one: Did Coffey establish the trust so she and her husband, former lawyer John Coffey, could avoid a $75,000 legal bill John Coffey owed for his disbarment proceedings? And this one: Did Coffey break the law when she moved the couple's property into that trust and beyond the reach of creditors? Coffey answered similar questions for the Judicial Conduct Committee last year when it first investigated the trust. That group can only recommend punishment to the state Supreme Court and voted 8-3 in December that Coffey be suspended without pay for three months.

***

• Now it's up to the high court to review the case itself and render its own response, which can range from no punishment to a lengthy suspension. Coffey and her lawyer, Russell Hilliard, initially asked for a public censure only but last month said they would accept a three-month suspension. However, even the state Supreme Court's ruling isn't likely to be the last word on Coffey's future. Two lawmakers are drafting legislation to remove Coffey from the bench for good. Gov. John Lynch, who has publicly asked for Coffey's resignation, supports the measure, according to New Hampshire Public Radio.

For more, see Coffey faces pointed questions.

Go here for earlier posts on the investigation of Judge Patricia Coffey.

For other posts on some of the alleged knuckleheaded members of our esteemed judiciary, go here and go here. knuckleheaded judges zeta

Ex-Brooklyn Judge Under Indictment For Stealing $160K+ From Elderly Aunt Cops Misdemeanor Plea

In Nassau County, Long Island, The New York Law Journal reports (at Law.com):

• Michael J. Garson, a former Supreme Court justice in Brooklyn, pleaded guilty [last] Tuesday to a misdemeanor with a promise of no jail time, resolving charges that could have landed him in jail for five years. County Court Judge John L. Case of Nassau County promised Garson no jail time on two conditions: that he resigns from the bar and that he pays the final $48,000 in restitution ordered by a Manhattan judge for his mishandling of an elderly aunt's finances.

***

• The district attorney three years ago unveiled an indictment accusing Garson, who was a Supreme Court justice for a full 14-year term ending in 2006, of stealing more than $160,000 from his aunt, Sarah Gershenoff, while managing her financial affairs under a power of attorney. [...] Under the power of attorney, both Garson and his first cousin, Gerald P. Garson, an ex-Brooklyn justice who is in prison on a three- to 10-year term for bribery, were authorized to manage Gershenoff's finances. Michael Garson, however, took primary responsibility for handling her money.

***

• With [last] Tuesday's $48,000 payment, Garson has repaid Gershenoff a total of $219,000, reflecting the $163,000 ordered by [the Manhattan judge] plus interest. Gershenoff, who was 94 when the indictment was issued in May 2005, has since died.

For more, see Former N.Y. Justice Avoids Jail With Misdemeanor Guilty Plea (Garson resigns from Bar, makes restitution).

For story update, see Ex-Judge Avoids Jail for Forgery (7-7-08).

Go here , here , here , here , and here for other posts on elder financial abuse.

For other posts on the questionable judgment exercised by some of the members of our esteemed judiciary, go here and go here. knuckleheaded judges zeta valedictorian

California Judge's Use Of "Rocks for Brains," "Obnoxious" & Other Remarks Towards Attorneys Yields Public Scolding By State Judicial Watchdog

In San Bernardino, California, The Associated Press reports:

• A retired San Bernardino County judge has been publicly scolded by California’s judicial watchdog for rude, demeaning comments to attorneys. In one case, Superior Court Judge Paul Bryant Jr. suggested a prosecutor had “rocks for brains” for agreeing to a settlement. He called another lawyer “obnoxious” in front of his client.

• The Commission on Judicial Performance admonishment Monday said Bryant failed to be “patient, dignified and courteous toward individuals he dealt with.” Bryant says only that it’s been a pleasure to serve the courts.

• Bryant was a judge at the Rancho Cucamonga courthouse for 18 years before retiring. Now, he often serves as a retired judge on assignment in San Bernardino civil courtrooms.

Source: Judge scolded for rude courtroom remarks.

To view the admonishment, see In re Bryant - Decision And Order Imposing Public Admonishment.

For other posts on the questionable judgment exercised by some of the members of our esteemed judiciary, go here and go here. knuckleheaded judges zeta

Brooklyn Courts "A Snakepit Filled With Bribery & Back-Room Political Deals"?

In New York City, the New York Law Journal reports (at Law.com):

• A Brooklyn judge has filed an unusual $10 million defamation suit against attorney Ravi Batra and the New York Daily News. [...] On Jan. 28, 2007, [Daily News columnist Errol] Louis wrote that the "complicated world of judicial corruption in Brooklyn -- a snakepit filled with bribery and back-room political deals" -- was on the verge of being "blown wide open."

For more, see N.Y. Judge Files $10 Million Defamation Suit Against Attorney, Newspaper.

For earlier posts involving the Brooklyn judiciary & court system, see:

• Ex-Brooklyn Judge Under Indictment For Stealing $160+K From Elderly Aunt Cops Misdemeanor Plea,
• Retired NY Judge Reportedly Left Homeless & Broke By Guardianship Process. knuckleheaded judges zeta