When considering unethical judges, my first major run-in and introduction was Judge Michael Schipper’s courtroom. He bullies, threatens, and has a strong aversion to the law. But aren’t attorneys and court staff support to report bad behavior? Aren’t they a self-monitoring profession? Well that’s the entire problem in a nutshell.
Bureaucracy Loves Secrecy
Behind the thousands of Judges that get away with bad behavior in our country, there are personnel who support them in daily operations.
Examining the 2021 Michigan Judicial Tenure Commission Report, the committee that investigates judicial misconduct, lawyers accounted for only 6% of complaints; court staff made up less than 1% of complaints.
It begs the question: shouldn’t there be mandatory reporting to keep unprofessional Judges and Prosecutors in check?
Why is it allowed to go months or years before someone finally does something about it?
Codes of Conduct Aren’t Enough
Multiple levels of the court have codes of conduct, documents outlining appropriate behavior. For example:
- Judges have the Judicial Code of Conduct
- Attorneys have the Michigan Rules of Professional Conduct
- Trial Staff have a Model Code of Conduct with more analysis here.
One could argue that the responsibility to report misconduct is implicit, hidden within Section 5, Paragraph C.
The expanded analysis states:
“Disregarding rules/orders provided by the court allows for confusion and a decline in overall productivity that compromises the concept of professionalism.”
Michigan Model of Conduct for Court Employees (with Analysis)
Moral Process Gaps
This is a moral process gap in not just Michigan, but America’s criminal justice system.
The criminal justice system wrongfully depends on Judges and attorneys to self-govern and curb bad behavior. Obviously, they are doing a terrible job at this task. As a result, court staff, knowingly (or unknowingly) hold an ethical obligation to report improper behavior.
And lawyers most definitely have a bigger requirement.
Just as teachers and psychologists are mandated reporters when they witness child abuse, court employees should also report bad actors in the legal system to ensure fairness in their community.
