- Published: July 24, 2022
- Updated: July 24, 2022
- University / College: King's College London
- Level: Undergraduate
- Language: English
- Downloads: 30
Unethical Issue in the Judiciary The judiciary plays a fundamental role in the society. Judges, prosecutors, and attorneys influence the extent to which justice prevails. In this respect, unethical practices in the judiciary affect people’s trust for the court system. Cases before courts should exhibit effectiveness and efficiency in terms of the behaviors upheld by court officers. Across the country, cases involving ethical issues are common from time to time.
In Arkansas, a Circuit Court Judge by the name Gerald Kent Crow was held accountable for unethical behavior on May 17, 2013 (Judicial Discipline & Disability Commission 6-8). The judge was hearing two criminal cases when he was accused of bias or prejudice. The functionality of the criminal justice system is subject to the direction of legal provisions and codes of conduct. During the hearing of two criminal cases, the judge made a personal move to investigate some facts in relation to the cases (Judicial Discipline & Disability Commission 1-4). However, both the state and the defense did not ask the judge to do so. As a result, the judge was accused of violating the code of judicial conduct.
One of the attorneys in the cases, Beau Allen, also had a complaint against the judge. The complaint was filed before the Judicial Commission in Arkansas. In response, the judge engaged in a retaliatory behavior following the attorney’s complaint. Both the bias/prejudice and retaliation against the attorney warranted disciplinary actions against the judge. The Circuit Court Judge was reprimanded censured (Judicial Discipline & Disability Commission 8).
Judges, attorneys, and prosecutors play an important role in the administration of justice. When such people engage in unethical practices or behavior, they jeopardize the essence of a functional, effective, and efficient judicial system. Subsequently, the public is highly likely to lose confidence and trust for the justice framework. In response to unethical behavior in the courtroom, it is important to punish court officers for the violation of judicial codes of conduct.
In the context of Judge Gerald Kent Crow, being reprimanded and censured was a good start. However, harsher penalties or punishments need to be instituted because these people understand the law and legal frameworks more than the ordinary civilian does. Whenever a court officer perpetrates unethical behavior, it appears as if the system is failing from within. In this respect, such officers should be relieved off their duties.
Performance evaluation is also necessary. It is important to keep track of the manner in which court officers execute their duties and responsibilities. There are standard rules, guidelines, or codes that govern judicial activities. The performance of a judge, attorney, or prosecutor should be evaluated based on such standard procedures and/or codes. Court officers that fail to meet the required expectations should reapply for their practicing licenses. Most importantly, the integrity and accountability of court officers should be examined from time to time. Failure to adhere to the set laws and regulations should attract jail time and/or fine, just like it is the case with most violations of the law. Finally, judicial commissions can vet court officers before they start their jobs.
Works Cited
Judicial Discipline & Disability Commission. Letter of Censure and Letter of Reprimand. Press Release, May 17, 2013. Web. 10 Feb. 2014.