By Brian Vukadinovich
We have a serious problem within the federal Judiciary in how it protects itself from malfeasance issues when people file judicial misconduct complaints against judges.
The Judicial Conduct and Disability Act allows “[a]ny person alleging that a judge has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts” to file a complaint against the judge. And then when a complaint is filed, everything simply goes out the window in terms of transparency and accountability — and yes, even the ultimate goal of justice, due to built-in rules designed to muzzle the public and prevent an actual meaningful proceeding.
First, there is a law dictating that with a few exceptions, all papers, documents, and records of proceedings relating to judicial misconduct complaints shall be confidential and shall not be disclosed by any person in any proceeding. In other words, when a person has information about judicial corruption done by a federal judge, once that person files a complaint against that judge, that person cannot make any public statements about the judicial malfeasance. This law seems to be in substantial conflict with the First Amendment to the United States Constitution, which expressly prevents the government from making laws that abridge the freedom of speech and the freedom of the press. more