Missouri Judges Aren’t Angels Either
January 5, 2012
As I mentioned yesterday, New Mexico’s problems with cocaine-possessing, prostitute-cavorting, drunk driving judges would seem to suggest that judges chosen by “merit” selection do not have a monopoly on public virtue. A recent scandal in Missouri – the birthplace of “merit” selection – offers evidence that judges chosen under this system have not cornered the market on professional ethics either.
While vacationing in China last October, it seems Associate Court Judge Barbara T. Peebles delegated her judicial responsibility to courtroom clerks, who handled “at least 350 cases” and even issued “as many as 18 arrest warrants” under her forged signature. One clerk-gone-wild dismissed “five cases, involving kidnapping, unlawful use of a weapon, property damage, domestic violence and theft.” When not playing judge, these non-lawyer clerks are primarily responsible for “keep[ing] track of paperwork.”
St. Louis Circuit Court Presiding Judge Steven Ohmer blasted Judge Peebles for “an overall lack of management and supervision” and said he was “still shocked” at the quantity of cases dispensed by clerks. A local defense lawyer was less diplomatic: “I think it’s as illegal as hell.”
When confronted about these actions after returning from China, Judge Peebles “denied that her clerks had acted improperly.” Judge Ohmer decided against removing Judge Peebles from office. As the watchdog group Better Courts for Missouri put it, “essentially, the court is letting Peebles go without any punishment because her actions were so outrageous that they would require a punishment that hasn’t been used in three decades, and they hope that switching her to a new division will alleviate the problem.”
The important point here is that judges are only human, regardless of whether they were chosen through democratic elections or by secret committee under “merit” selection. Judges can be unprofessional, unethical and even corrupt, just like any other public servant. That’s why judicial independence needs to be balanced with strong accountability. Democratic elections provide that accountability; “merit” selection doesn’t.
Posted by Dan Pero in the categories: Merit Selection, Missouri
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[...] meme of the “merit” selection crowd – but as recent judicial scandals in New Mexico and Missouri demonstrate, judges chosen under secret selection hardly have a monopoly on [...]