Rise in judicial complaints related to more public criticism of judges, court watchers say
Judicial misconduct complaints against federal judges are on the rise, with about 23% more filed during the 12-month period that ended Sept. 30 than in the same period the previous year. (Image from Shutterstock)
Judicial misconduct complaints against federal judges are on the rise, with about 23% more filed during the 12-month period that ended Sept. 30 than in the same period the previous year.
According to the Administrative Office of the U.S. Courts, which released the latest statistics, more than 1,850 ethics complaints were brought against judges. Litigants made up 79% of complainants, while issues related to the merits of a decision or ruling made up 86% of allegations.
According to Law.com, which has additional coverage, court watchers say one factor behind the increase in judicial misconduct complaints could be the increase in criticism of judges and the courts by public officials.
Judge Jeremy Fogel, the executive director of the Berkeley Judicial Institute and a former federal judge in California, told Law.com that “it’s more common for public officials to say things about judges that go beyond respectful disagreement with a decision.”
“They tend to be more personal in nature,” Fogel said. “The uptick in misconduct complaints, that is sort of an environmental result of people criticizing the courts more in the public sphere.”
Arthur Hellman, a professor at the University of Pittsburgh School of Law, agreed, telling Law.com that if litigants are “reading newspapers or listening to talk radio or … [scrolling] social media,” and they see “public officials piling it on and criticizing judges,” they may be more likely to file a complaint against a judge who they think mishandled their case.
“Maybe you would file a complaint that you would not have filed if we did not have that poisonous atmosphere being created by some of these public comments,” Hellman said.
See also:
Judges seek greater security amid escalating threats
As judges face more threats, only the Supreme Court gets new security funds
Write a letter to the editor, share a story tip or update, or report an error.
