Some of the best-known cases involve judges who ultimately did suffer consequences for their behavior, including Texas judge Christopher Dupuy, who bullied four lawyers who filed conflict-of-interest recusal motions between 20. Hundreds of judicial transgressions have been uncovered during the last decade, with results that cost the defeated litigants their home, business, custody, health or freedom.
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“It’s absolutely imperative that people have full faith and confidence in the judicial process.” “Everybody should have the right to ensure the judge sitting on their case doesn’t have a conflict,” said Mary McQueen, executive director of the National Council on State Courts.
While it’s unavoidable that such relationships will occur, when they do create a perception of bias, a judge is duty-bound to at the very least disclose that information, and if it is creates an actual bias, allow a different judge to take over.Īll too often, however, the conflicted jurist says nothing and proceeds to rule in favor of the connected party, while the loser goes off without realizing an undisclosed bias doomed her case.
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Occasionally they are literally in bed together. In some instances the two may have mutual investment interests. These links can be social – they may have been law school classmates or share common friends – political, financial or ideological. Judges in local, state and federal courts across the country routinely hide their connections to litigants and their lawyers. “The decorum and bias and the perfectly unethical behavior of the judges is really rampant,” said Amanda Lundergan, a defense attorney in Royal Palm Beach, Florida, who confronted a nest of judicial conflicts in her state’s rapid-fire foreclosure rulings – dubbed the “rocket-docket” – following the housing market collapse. If true, Besen faced what experts say is one of the most troubling threats to our nation’s system of justice: judges, who, through incompetence, bias or outright corruption, prevent the wronged from getting a fair hearing in our courts. Though she could never prove anything, she suspected that the scales had tipped for reasons unrelated to the evidence in her case.
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In the years that followed, Besen’s hopes for an equitable settlement dwindled as she battled a series of harsh and hard-to-explain decisions against her. She got temporary possession of the family home. They arrested him for violating the order, reporting that Stuart had stared down at Margaret with his arms folded on three consecutive nights. Three weeks later, Stuart entered Margaret’s bedroom and hovered over her as she slept, she told police. So in August of that year she obtained an order of protection prohibiting Stuart from harassing her. The couple’s screaming matches left Margaret feeling intimidated and their children – a daughter, 11, and son, 7 – terrified, she said. Stuart Besen, a politically connected attorney for the town of Huntington, had an anger problem, Margaret told authorities.
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But within weeks, the situation deteriorated.