
February 22, 2002 |
2002-R-0264 | |
QUESTIONS FOR JUDICIAL REVIEW COUNCIL NOMINEES | ||
By: Lawrence Furbish, Director | ||
1. What qualifications do you believe a Judicial Review Council member should possess?
2. How has your background prepared you for this position?
3. Do you feel it would be inappropriate to hear a complaint or review a file of a judge before whom you have regularly appeared? Under what circumstances would you recuse yourself?
4. The statutes provide for the removal, suspension, or censure of judges, magistrates, or commissioners whose temperament adversely affects the "orderly carriage of justice. " What type of temperament would you consider this to be?
5. The statutes provide for the removal, suspension, or censure of compensation commissioners for incompetent performance. What type of evidence would you look at to determine whether a commissioner's performance was incompetent?
6. What action, if any, should the council take if it receives numerous complaints that a compensation commissioner does not pay adequate attention to testimony or other evidence? What if the complaint was that the commissioner appeared to have an inadequate grasp of the law?
7. How would you handle a complaint that a judge, magistrate, or commissioner had a substance abuse problem?
8. Do you feel that frequent demeaning or insulting remarks or rudeness to the parties, their attorneys, or witnesses should be grounds for action by the council? If so, what action is appropriate?
9. Do you believe that removal, suspension, censure, and private admonishment provides the council with an adequate array of sanctions for you to effectively carry out your duties?
10. Should the council get involved if a compensation commissioner develops a reputation as being pro employer or pro employee? If so, how should it handle the situation?
11. A few years ago in a highly publicized case, a judge was censured for what some called private conduct not related to his judicial duties. Can you describe the dividing line between (1) private conduct and (2) a judge's official actions or those subject to judicial review council scrutiny?
12. Do you think ordinary citizens know enough about the Judicial Review Council's existence and duties to be able to effectively bring complaints? If not, do you have suggestions?
13. Does the council have adequate staff, time, and other resources to carry out its duties?
14. During the five years between July 1, 1996 and June 30, 2001, the council disposed of 422 complaints. Of these, 371 were dismissed after an investigation, 47 were barred by a statute of limitations, one was terminated by the death of the subject, and one was referred to the statewide Grievance Committee leaving only two cases where, after a public hearing, a judge was censured. Does it seem odd to you that out of 422 cases only one judge was punished? How do you account for this?
15. Most of the complaints sent to the council are essentially that the judge made the wrong decision, an issue outside the council's jurisdiction. Do you think there might be a way to screen complaints so that inappropriate ones never reach the council for consideration?
LKF: ts