How Come We Don’t Review Who Judges Our Judges? A story of Judge Wendy Coats et al.
America ı By Leah Gillis
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So again, the men above questioning Judge Coats’ ability is not a surprise. When things aren’t going your way it’s natural to say a judge doesn’t have the skill. However, judges like Brock Turner’s and others highlight why reviewing our judges in a more thorough, uniform and transparent way is needed. Especially when, in some instances, our judges hold more power than the impact of deciding between lawyers arguments and managing decorum.
I spoke with Elura Nanos, and attorney and former children’s services prosecutor in New York City. She explained just how much power judges in Family Court can have on peoples lives.
“In most jurisdictions, judges in family court have a far more active role than do their counterparts in other courts. Family court cases typically involve bench trials, which proceed with the judge acting as both finder of fact and trier of law. Furthermore, given that family court proceedings often involve minors, courtrooms are often closed to the public and the media and many transcripts sealed. What’s more, litigants in family court cases do not have always have the right to court-appointed counsel. The result is an atmosphere that is potentially ripe soil for unchecked misconduct: pro-se litigants representing themselves in what amount to closed proceedings before a presiding judge with broad discretion.”
Unchecked misconduct and broad discretion together should make us all nervous. Stronger review and visibility behind-the-scenes – just who does the reviewing and how are decisions made - would help the public trust our judges and strengthen our judiciary. It helps judges because people before them would trust their ability and also offer them support when they need it. Those responsible for our judiciary can’t be in an Ivory Tower.
A look at discipline statistics of trial court judges from 1990 through 2009 shows a small number of actions taken against California judges over that time. It’s clear we have a ballooning number of cases and we need judges, but allowing ineffectual ones cannot be the answer. Without change that’s what we’re allowing to happen.
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