Sign Language and Curiosities

Recently, in Another Judge Makes the News (May 2022), I reviewed the allegations that led to a Kentucky judge being removed from office. It is rare you see a judge removed from office, even when the circumstances appear quite serious. 

Just a few years ago, I wrote about three judges in Indiana who went out celebrating in an "injudicious manner" that led to criminality and gunshot wounds. One of the judges there allegedly used some sign language ("Judge [Sabrina] Bell extended her middle finger"). See Conferences and Consequences (November 2019). Though that behavior "discredited the entire Indiana Judiciary," and led to some criminal charges, these judges were suspended from the bench, not removed from office. The Court's order is here. That perhaps seemed more serious. Read on, and we can return shortly to this sign language judge that was only suspended. 

Later, I penned Another Judge Makes the News (May 2022). That Kentucky judge had allegedly held court at some interesting times of day, and was accused of "engagement in profoundly unwise action . . . on and off the bench . . .  that continued for years." She was removed from the bench, suggesting perhaps that her behavior was more disturbing than the Indiana judges' late-night, alcohol involved, trip to a strip joint and burger restaurant that ended in sign language, shooting, and injuries. Maybe the distinction is the "for years" modifier that distinguished it?

I was surprised to hear that the Kentucky judge in Another Judge, who was removed from office on April 22, 2022, was nonetheless running for election to judicial office in "the May primary." The Louisville Courier-Journal reported on May 2, 2022, that Kentucky law prevents a "judge who was removed from running in a special election that would have let him (her) serve the rest of his (her) term." That is, that when the judge is removed, she/he cannot then run in the special election to immediately succeed her or himself. That makes sense. 

But, as yet, the Journal reported, "the (Kentucky) court has never addressed whether an ousted judge can seek a new term." Legal ethics experts quoted in that article had various views on the topic. But, the most interesting perhaps came from "a former chair of the Judicial Conduct Commission" who said "'if the good people of Davies County want her back,' despite her removal 'let them have her.'" In fairness, the removed judge is also appealing the removal decision and may yet be reinstated by the Kentucky Supreme Court. 

The primary election did not apparently pan out as a remedy, however. On May 19, 2022, the Courier-Journal reported that the judge did not prevail in the primary election. That report notes that she received "only 3.237 votes" and will not be in the general election. The article did not provide the math, but approximately 14,900 votes were reportedly cast, and thus the former judge received "only" (about) 22% of the votes. Some might say that is a reasonable showing considering all the circumstances. 

It is noteworthy, perhaps, that the very serious remedy of removal might nonetheless be less than permanent. Some might recall Judge Alcee Hastings in this regard, who was impeached, convicted, and removed from the federal bench. He nonetheless was thereafter elected to congress for almost 30 years. Ultimately, public confidence is of some import. 

More recently, in Revisiting Judicial Discipline, a discussion of a Tallahassee, Florida judge, I noted the Florida Supreme Court's caution that 

"removal is the most severe form of discipline a judge may face, and it is typically reserved for when a judge intentionally commits serious and grievous wrongs of a clearly unredeeming nature."

As I read about the Kentucky situation and reflected on the Indiana sign language situation, the coincidence of that "removal" quote was intriguing to me. One might wonder at the behavior that does not lead to removal, and the curiosity that a "removed" judge might run for office nonetheless. 

In the end, anyone can make a mistake, and perhaps society asks too much with its demand on judges? The recent Florida Supreme Court opinion in Revisiting Judicial Discipline reminds us that this can be a quite trying occupation or profession, as "[A] ‘judge is a judge 7 days a week, 24 hours a day.’” That is sometimes troubling and certainly stressful. All eyes are focused each and every day, whether one is on the bench, in the town square, or elsewhere. And, perhaps there will be those challenging moments in which sign language seems the best or only reaction, yet we night view those moments differently in the cold aftermath?

Coincidentally, Judge Bell (as in "Judge [Sabrina] Bell extended her middle finger") was also in the news again recently. Conferences and Consequences (November 2019). Fox59.com reported that Judge Bell was arrested in May 2022 for a "felony charge of domestic battery in the presence of a child." When they arrived at that altercation, "Deputies advised marks were still visible on the man’s face at the time of the report." The report also notes that "the Indiana Supreme Court (again) suspended Bell with pay" while the matter is being dealt with. A Facebook post later apparently announced Judge Bell's decision to suspend her campaign for reelection in the 2022 primary. A judge can elect departure from the bench. 

If any of these are not intriguing enough, there is also a recent report from Loving County, Texas of a county judge having been arrested for (essentially) cattle rustling. News West 9 reports that Judge is "accused of livestock theft and organized criminal activity." The county allegedly has only 64 residents. Dayton Duncan, author of Miles from Nowhere: Tales from America's Contemporary Frontier, describes Loving as "the most socially claustrophobic and factious place I encountered." He says the county "is inhabited by friendly folks who just happen not to like each other very much." As John Cougar once intoned, "ain't that America . . . "

In Loving, an ironic name perhaps, the judge "and three others . . . are accused of picking up estray cattle" and selling them. Four individuals may not seem like much of a conspiracy, but that is roughly 6% of the county population out in Loving. That is not a typo, "estray" actually means one that has strayed. Might we therefore refer to this post overall as a discussion of estray judges perhaps? 

The point is that there are serious constraints upon the judicial profession. There are periodically allegations that raise eyebrows, and make headlines. That is not to say that any of the allegations are accurate or true, and each judge deserves her or his chance to a fair process before guilt is determined. The ultimate outcome and its foundations in the law and facts can make for interesting reading, however. The lesson for all is that judges are no more perfect than anyone else and that we thankfully have processes in place to both investigate and remediate behavior. 

The Code of Judicial Conduct, in comments to Canon One (Uphold the integrity and independence of the judiciary), the authors note:

"Deference to the judgements and rulings of courts depends on public confidence in the integrity and independence of judges"

Despite how hard the job is, and how imperfect people admittedly are, eyes are on this profession. It is troubling when an example of poor judicial behavior or judicial discipline is in the news. 

Similarly, the judicial discipline processes are no more perfect than any of us, and the outcomes may periodically not be as one might predict. What seems serious such as an alcohol-involved shooting may not be serious enough for removal, but persistent behavior on the bench over time may in fact be so. That decisions are made in various states and are very dependent upon facts and circumstances. Those decisions and the press coverage may lead to perceptions of inconsistency and in the end, the public may struggle with perceptions of the judicial discipline processes and the outcomes produced. 

The public perceptions of and confidence in judges are perhaps worthy of consideration. However, on a given day, thousands labor honorably, carefully, and judiciously in striving to sort the differences and challenges of millions of people. Though there are these troubling examples of judicial behavior in the news, they neither capture this profession nor are even indicative of it. It is therefore unfortunate that such stories of outlier behavior are what makes the news.  

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