How Come We Don’t Review Who Judges Our Judges? A story of Judge Wendy Coats et al.

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Commission on Judicial Performance Website

The commission disciplines for driving under the influence of alcohol to outbursts in the courtroom and bias. However, one  thing they don’t cover must be mentioned.

“Notably, legal error itself is not considered misconduct.”

Oh, the absurdity.

That’s because there are, of course, limits to what the commission can do.

“The Commission is not an appellate court, and cannot change judicial decisions. The Commission also cannot provide legal assistance to litigants, or intervene in litigation on behalf of a party. When a judge makes an incorrect decision or misinterprets the law, the ruling can be changed only through the proper appellate process.”

While the commission reports are available online, a lot of this work is done in private.  In the yearly report however, parts are redacted.

“The Commission also publishes redacted summaries of all private discipline each year in its annual report.”

A Forum for Discussion

Who judges our judges is exactly the issue that Nicholas Kaizer and his New York law firm partner Richard Levitt, were considering.  They decided to do something about it. They practice primarily in the areas of criminal defense and post-conviction relief in New York State and in the federal courts throughout the country.