By Frank Palatnick.
According to 2012 statistics found on court databases, both here and abroad, there are numerous countries that have judges with both ethical and criminal charges/violations that are either squashed at the primary complaint point or are given minimum punishment. Question. Why are there so many judicial professionals with just as many violations ? If our so called ‘ judicial training academies ‘ are doing their job , including teaching ethics and similar frameworks, then why is there 1) so many violations and 2) the need for complaint offices ? There is an extreme disconnect between what judges have been taught and actual practice.
The International Organization on Judicial Training, located in Israel, will have its conference in Washington D.C. On the second day of the conference there are speeches and breakout sessions that address the issue of ethics. Also, according to the ‘ iojt ‘ there are numerous principles and standards by which an academy must live up to. In their introduction and forward of these standards it specifically states that ” To do their work well, courts everywhere in the world need (1) judges with the highest ethical standards, extensive legal knowledge, and complex and unique skills in leadership, decision making and administration and (2) highly ethical and competent staff “. In the Preamble of that same document it states that judicial branch education has eight goals. The second of these is ‘ To help judicial branch personnel adhere to the highest standards of personal and official conduct. Number eight says that judicial branch education has the goal of ‘ enhancing public trust and confidence ‘.In Principle III of that document it states that new judges should, in their orientation, be given both a copy of ‘ The Code of Judicial Conduct ‘ as well as training in such matters. The orientation should also include being assigned a mentor judge who should assist the incombant advice and suggestions on ” ……….ethical issues ……..”. It also states that continuing judicial branch education should include such topics as “…..ethics…..”and that specific issues should include judicial comportment and demeanor.
However the intensity, depth and continuity of said ethical training, judges have not learned from that framework. Is it that once they become judges they attain a ‘ holier than thou ‘ mindset ? Is it the fact that once they take these courses, both mandatory and optional ( conferences are for networking ? ) judges tend to ‘ forget ‘ their learning ? Or is it just that these courses do not have enough of a ‘ catch ‘ legally binding them to that knowledge and accountability ?
Myself and various other national and international judges are currently in the midst of creating a judicial academy to be located in Canada. It will set a precedent in many ways. In order to graduate from our academy, just like teacher training and medical training, one has to apprentice with another judge for one year.
In my twenty some odd years involved with education, higher education and legal activies, including being a past member of the American Bar Association and the Nassau County ( NY ) Bar Association I have noticed more and more legal professionals including judges skirt the edge of violating many ethical canons and tenets. Due to these activities, I have initiated a philosophical and educational posture of altering in a positive way the mindsets of both teachers, teacher trainers and professionals to understand and put into effect the framework of ‘ professionalism, understanding and forward thinking. Yes…… I am aware it’s a tough task. But one must start somewhere.
