Global round-up of judicial misbehaviour … The USA, Canada, Nigeria, UK and Brazil … Judges indicted, expelled and sent to the star chamber … Money, sex and stupidity the main cause of judicial ruin … Justin Pen reports
THERE has been an unpleasant spate of judicial scandals that deserve more attention. The misbehaviour falls into a variety of categories, including – bribery, naked photos, bribery involving naked photos, political corruption and racist remarks.
The outcome is resignations, arrests, indictments, inquiries and impeachments.
This latest outrages have blotted the escutcheons of judiciaries in the United States, Nigeria, United Kingdom, Brazil and Canada. Why are Australian judges failing to made a determined contribution to this rogues’ gallery?
According to the indictment, the judge dropped charges against nine defendants, whose ages range from 16 and 22, if they sent him nude photographs of themselves.
The judge allegedly had more than 4,600 pornographic images on his computer, including pictures of at least one man as young as 16-years-old.
Boeckmann stepped down from the bench in May, when the allegations first broke.
It’s alleged that the judge told defendants they could perform “community service”. They were asked to call his personal phone number and arrange the terms.
This involved collecting aluminum cans or litter then meeting at Boeckmann’s house, where he took photos of the youngsters in compromising positions.
In one instance the judge offered a young man a radical new version of “community service” – he would dismiss the case if he could photograph the accused naked, while masturbating, or while being spanked.
Last month saw the resignation of Texas country judge Joel Baker, who sent hundreds of sexually-charged Facebook messages to a woman.
Baker, a former member of the State Commission on Judicial Conduct, was under investigation for sending nude photos and lewd texts to the woman, who he had never met in person.
For falling on his sword, the commission dropped its inquiry into his misconduct. Although Baker’s deal with the stipes did not amount to an admission of liability, the commission did note the following:
“Baker failed to cooperate with the commission, failed to timely produce requested evidence, deleted information from his social media account and cell phone before donating the phone to charity … and attempted to influence testimony of a witness.”
Baker was first elected to Smith County Commissioners Court in 2007 and re-elected in 2010 and 2014.
Last week, the Department of State Services arrested seven Nigerian judges, one of whom was alleged to be involved in an NGN500 million bribery scandal (AUD$2 million).
It’s alleged that the group – which includes members of the Supreme Court, Federal High Court and Court of Appeal – gave favourable rulings in exchange for cash, corruptly secured government appointments, and assigned “lucrative” cases to other judges on the take.
A raid on the “palatial home” of one of arrested judges revealed a fleet of fifteen exotic and expensive cars, including a Rolls Royce.
One judge was seen on his belly, prostrated before DSS officials, pleading for mercy as evidence against him emerged. He is said to have agreed that he took bribes running into multi-millions of Naira.
Goddard is the fourth chair to resign from the acrimonious inquiry, which has lurched from “catastrophe to catastrophe” following its inauspicious start in July 2014.
Though Goddard gave no reason for her resignation, the NZ High Court justice, former Deputy Solicitor General and ex-chair on the NZ Independent Police Conduct Authority, endured a wave of negative press from UK tissues. Criticisms abounded over her £360,000 salary (AUD $577,000), her glacial progress, and her time spent out of the UK.
Goddard was also mired in a racist outburst row. According to a front-page splash in The Times, Goddard claimed that “Britain has so many paedophiles because it has so many Asian men”. She says the report is not true.
There also have been reports of her flying into rages and mistreating inquiry staff, including one incident where she is accused of saying she would “take this inquiry down with me”.
The inquiry, which was established in the wake of the Jimmy Saville scandal, continues. However, its lead counsel assisting, Ben Emmerson QC, tendered his resignation in September, following his suspension due to “concerns about his leadership”.
On September 15, Elizabeth Prochaska, the inquiry’s second most senior lawyer stepped down. The BBC attributed this to “serious problems” in her relationship with Emmerson.
The constitution says that any president who is impeached should lose office and be banned from public life for eight years.
Rousseff won the second vote, causing critics to decry her punishment as “impeachment with impunity”. Effectively it means that Ms Rousseff can re-enter public life and thereby avoid prosecution for government corruption at the state controlled oil company, Petrobras.
Justice Gilmar Mendes, a colleague of Lewandowski, said the judge’s decision is “bizarre, to put it politely”. It would not pass “a kindergarten-level test of constitutional law”.
In Canada last month Federal Court justice Robin Camp apologised to the Judicial Council for asking a rape complainant why she couldn’t keep her knees together during the attack.
Camp said he was sorry for using “facetious words” during a case where a 19-year old woman had accused a man of raping her over a bathroom sink during a house party.
On occasions, Camp referred to the woman as the “accused”.
“Why couldn’t you just keep your knees together? … Why didn’t you just sink your bottom down into the basin so he couldn’t penetrate you?”
He added that young women, “want to have sex, particularly if they’re drunk … some sex and pain go together”.
He acquitted the accused, but this was overturned on appeal with a new trial scheduled for next month. At the time Camp was a judge with the Alberta Provincial Court Criminal Division in Calgary and has since been made a federal judge.
Camp grew up in South Africa and had no experience or Canadian criminal law. When he moved to Calgary he practised in contracts, trusts, oil and gas and bankruptcy.