Law Students: Spot Judicial Misconduct? Keep That to Yourself

In the first federal lawsuit I ever filed, I discovered documentary evidence that a federal judge was a landlord to his former law firm while simultaneously hearing cases brought before him by his former law partners. This meant the judge had a financial interest in the outcome of these cases, since he was collecting rent from counsel in his courtroom.

I reported this to the judge in question by way of a recusal motion.

Upshot: 

1. The Fifth Circuit supervising judges did nothing to address the factual basis of my complaint. Did they look at law firm financial records, or the judge's financial records? Of course. 

Not.

2. The judge in question failed to recuse himself from a matter focused on his financial interest (as required by the judicial conduct rules). 

Instead of following the judicial complaint rules - or being made to follow these rules by supervising judges - the judge who was the target of my complaint, bankrupted my solo practice, with $15,000 in fines, and then ordered me off the case - leaving my clients without counsel. 

3. Vindictive, indifferent state court judges in three jurisdictions (Louisiana, Hawaii, Maryland) placed me in a disciplinary procedural vortex which, by rule, cannot look into judicial misconduct - and then threw me out of the legal profession for making "allegations" which they themselves never addressed, and declined to forward to a US attorney.  

The Fifth Circuit Judicial Council remained silently on the sidelines while I was prosecuted for a matter in which they had declined to conduct even the most superficial inquiry.

Was my judge a landlord of lawyers with business in his court? I say, yes according to documentary evidence filed in the office of the Louisiana Secretary of State. The rest of the judges say, we don't care and are not going to look into that but we will surely punish you for making that "allegation." You are just too stupidly honest to be a lawyer.

In practice, the prettily-written judicial complaint rules belie the fact that these rules offer zero protection for a whistle-blowing attorney. 

In retrospect, I could have and should have done what 500,000 other lawyers do - kept quiet about the private financial arrangements federal judges have with attorneys and attorney associations. These lawyers and their associations have found ways to put money into the pockets of the judges in whose courts these lawyers appear.

In my experience, attorney disciplinary procedures are a pantomime of a fair, transparent and honest proceeding. 

My request to Disciplinary Council that my complaints about the judge be investigated before I lost my law license were simply ignored. (If you do not cooperate with the august Disciplinary Council, you can face a separate charge of 'non-cooperation' but the DC is not required to cooperate with you.)

Controlled by judges, attorney disciplinary procedures are used (three times, against me) to punish a lawyer who foolishly expects supervising judges to shine a light on an "allegation" of serious complaint  of financial misconduct by a brother judge.

ONE OF THE WORST EXPERIENCES YOU CAN HAVE

One of the worst experiences you can have is to be reminded unexpectedly of a personal tragedy. This just happened to me.

I opened a file draw and inadvertently pulled out a “Congratulations” letter from the clerk of a Federal District Court in Louisiana, welcoming me, as a new officer of the court. 


I remember the sense of elation and anticipation I felt when I first received this item, years ago.

That was before I discovered that the Canons of Judicial Ethics mean nothing, and the Judicial Complaint Rules mean less than nothing.

I no longer have a law license. 

My three licenses were suspended after I filed a confidential complaint of misconduct against a federal district judge, who publicized my name as the lawyer, who had filed a confidential complaint of misconduct against him. 

This maneuver by the judge of course destroyed my effectiveness in either litigating or settling the matter at hand.

More than two years later, I was prosecuted by the Louisiana Disciplinary Counsel for having brought the confidential complaint against the federal judge. 

I was prosecuted successfully, of course; both of the lawyers on the three-person committee who adjudicated the complaint against me, were members of the lawyer organization who had gifted the judge. (This was one of several of my complaints about this judge – that he took gifts and did favors for his lawyer pals.)

The lawyers who found me guilty of misconduct of course knew what I should have known:

If you expect a judicial complaint to be taken seriously, you live in a world of illusion and delusion.

The attorneys who found me to be unethical for complaining about an unethical judge, practice before the very judge about whom I had complained. They knew there was no actual issue to be decided when it came to either punishing an officer of the federal courts for fling a truthful complaint about a judge versus stating, candidly and honestly, that the judge had done what I said he had done. 

I discovered, at the cost of my law licenses, in three states (Louisiana, Hawaii, Maryland), that no one associated with the legal system is going to criticize a federal district judge for flouting the judicial complaint rules. Why not? Those rules are not enforced by the Circuit Judges who are theoretically supposed to supervise the conduct of the judges below. The Circuit Judges set the tone and it is a very low tone. Inaudible. 

I was reminded of all this when I opened that file and found my “congratulations” letter together with my certificate of admission. I won’t be needing these items any more and don’t need to be surprised by them again. I put them in another file – a round one.