Corrupt Judges Protect Each Other
The Fifth Circuit Created a Rule to Provide Bad Judges with an Escape Clause
The Fifth Circuit Court of Appeals ruled that prior impeachable offenses by judges who retire do not merit investigation. In other words, an accused judge can simply retire and short-circuit an investigation of misconduct (including possible criminal activity). Judges then receive a full salary (“annuities”) for the rest of their lives.
Here is the ruling:
“A judge who retires from office under § 371(a) is ‘no longer a judicial officer,’ and is “no longer subject to the disciplinary procedures of Section 372(c) [now 28 U.S.C. § 351 et seq.] and the remedies they prescribe.’ ”
— In re Complaint of Judicial Misconduct Against United States District Judge Walter S. Smith, Jr., Under the Judicial Improvements Act of 2002 ,No. 05–14–90120 (September 28, 2016 Order by Judge Carl E. Stewart).
The Judge that wrote the opinion also sits on the body that creates policy concerning federal judicial ethics (the Judicial Conference).
The idea behind the ruling is that the retirement is an ‘intervening event’ that makes further proceedings unnecessary under Judicial Conduct and Disability Rule 20(b)(1)(B).
All this does is give corrupt federal judges an escape clause — it shows total unwillingness to hold judges to the same standards all others face even in ethics reviews. This type of ruling is nothing more than an admission to protecting unethical and criminal misbehavior by public officials.
The Fifth Circuit Covers the Following Federal Trial Courts:
- Eastern District of Louisiana
- Middle District of Louisiana
- Western District of Louisiana
- Northern District of Mississippi
- Southern District of Mississippi
- Eastern District of Texas
- Northern District of Texas
- Southern District of Texas
- Western District of Texas
