Judges are supposed to follow the law. They are also supposed to uphold the integrity of the judiciary. These conclusions come from Canon 1, 2, and 3 of the Code of Judicial Conduct. In recent months, I have written about a Florida Judge who allegedly held someone in contempt without a hearing. See Judicial Intemperance (July 2024). That could mean going to jail without a hearing. A Georgia judge recently removed from office likewise held someone in contempt frivolously. See She Must Go (May 2024).
Those two came immediately to mind when the news broke of a Detroit judge who had a "16-year-old girl" in court on a field trip arrested, handcuffed, and dressed "in jail clothes." He also threatened her, baselessly, with juvenile detention. In short, from the news reports, he acted inappropriately and likely illegally. To magnify the tone-deaf attitude, this judge apparently later spoke to the assaulted teen's parents and offered to be a mentor to her.
In the somewhat jaded environment in which we live, it is not often that a news story exceeds belief. It is unfortunate indeed that such an exceptional story would do so about the behavior of a judge.
Some will question what the teen did to merit this assault and battery, false arrest, and threats. Yes, the judge caused the teen to be touched against her will and handcuffed. The judge caused the teen to be incarcerated against her will. Yes, the judge threatened the teen with further incarceration. In the process, the judge allegedly polled her fellow students drawing them into the hazing process. The conduct was outrageous!
To be clear, the judge's conduct, not the teen's. What did this child do to merit this attention? The teen had the absolute audacity to fall asleep in the courtroom. The judge was hurt and offended, perhaps insulted. He took the student's inability to remain awake as an affront and decided that he would execute his own "version of ‘Scared Straight.’” Those are his words.
I find myself struggling to comprehend.
For over a decade, I volunteered in local schools with students between 6th and 12th grades. I had to undergo a training program in order to work with youth. I was instructed by both that organization and the teachers in the school that when a student falls asleep, appears inattentive, or is disruptive, I was to leave that to the classroom teacher.
One of the leaders of that volunteer organization explained they adopted that policy for multiple reasons. First, the teacher is responsible for the classroom and the students. That makes sense. She also said that teachers know their students over many interactions, while volunteers are more sporadic or fleeting. That makes sense also. She noted that teachers are trained for such challenges and we were not. That makes a lot of sense.
I later had an instance in which one student put her head down each time I visited a particular class. I noticed that the teacher never addressed this young lady. She was allowed to sit through my presentations with her head on her desk. I suspect the teacher saw that I noticed, and eventually explained his decision to allow that.
What I learned was that student had various challenges that the teacher did not detail. Essentially, she was in a home environment that was challenging her, disrupting her rest and more. The teacher was complimentary of the student's academic progress and effort and was sympathetic that by the sixth period of the day she often struggled with staying focused and awake. Her inattentiveness neither hurt my feelings nor disrupted my work with the other students.
No matter how smart you may be, you never know what someone is going through. See Starfish (February 2022). Someone is neither disturbing you nor others. She is falling asleep and hurting your feelings or self-esteem? So what?
The news coverage of the Michigan judge jailing the sleeping teen reached out to the group that brought the Detroit student to court on this field trip. The Court system was asked to comment. A law professor was asked about the judicial behavior. No one came to the judge's defense. There was a resounding and unanimous conclusion that the behavior was unacceptable.
The judge, however, made further comments. These imply his good intentions, diligence, and confidence. These evidence a tone-deaf lack of comprehension. The news coverage does not include any hint of remorse, regret, or contrition. In short, nothing in the news suggests that this jurist has accepted that the behavior was outrageous, inappropriate, and wrong.
The news coverage also did not note whether any complaint has been filed with the Michigan authorities. The state has adopted a Code of Judicial Conduct. Nonetheless, despite whether there is an official complaint, the judge should immediately acknowledge this outrageous behavior was inappropriate. He should acknowledge the damage he has done to himself and the court, noting Canons One and Two. He should issue a public apology at the courthouse and seek an appointment to apologize to the youth and her parents in person.
There is a burden that comes with judicial service. We live in a polarized society and there has been some tendency for attacks on the judiciary, the courts, and their work. Judges must not invite criticism, cynicism, and worse through bad behavior. Mistakes will be made. No one may expect perfection or infallibility. Nonetheless, mistakes should be acknowledged, corrected, and sincerely apologized for.
Updated 082224: The Detroit Free Press reported on August 21, 2024, that "Eva Goodman, 15, and her mother filed a federal lawsuit" against the judge for violation of civil rights. The story notes that this is a teen "without a permanent home" (homeless). I noted in the original post above that you never know what someone's circumstances might be. Criticism is appropriate. Public debate is appropriate. The lawsuit will determine how this should be resolved. What is absolutely inappropriate is the vitriol against the judge. Whether he did or did not, should or should not, "death threats" are not appropriate. That is mob rule, violent, unhinged, and inappropriate. Allow the system to function. This judge will face another judge. Let that process work, and keep your threats and violence in check.
