Judging Judges : Refusal to Recuse and the New York State Courts
I examine all cases decided by the New York State Ethics Commission between 1980-2005 to determine the rates at which judges are cited for ethical violations and the types of violations they receive. I find, using data from over 650 ethics citations, that judges cited often 1) exhibit a pattern of corruption that is evident for years before any action is taken, 2) the types of violations committed are related to the level of judicial experience and judicial education each judge possess, and 3) that judicial refusal to recuse is the largest portion of legal violations committed by these judges. Judges with increased experience and education are more likely to commit ethical violations of a personal nature (sexual harassment, racial slurs) which judges with less experience or education commit legal violations (failure to provide due process, refusal to recuse). I conclude that more attention should be paid to enforcement to recusal rules at the state court level and that states may lack the resources to adequately police their judges
Year of publication: |
2011
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Authors: | Madhavi, McCall |
Publisher: |
[2011]: [S.l.] : SSRN |
Subject: | Behinderte | Disabled persons | Geschlechterdiskriminierung | Gender discrimination | New York | Rechtsprechung | Court decisions | Rechtsberufe | Legal profession | Gerichtsbarkeit | Court system |
Description of contents: | Abstract [papers.ssrn.com] |
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