Kentucky

Unfavorable news stories about local Louisville judges have hit the news these past few days.

Judges, presumably, are not be part of the "story" since all they should be doing is applying the law and allowing equal justice for all.

However, some lawyers and litigants have raised questions about the propriety of judges during their trials and the fair administration of justice.  What might concern the public is that it looks like the apparatus and procedure for taking a judge to task for basically who they are rather than what they are doing may not be adequate since the issues do not surface until after the fact.  What does a citizen should they think the judge is favoring a litigant or a cause or a position based upon personal predilections, bias, or even dislike?

The unintended consequences is that the price to be paid is by those who are looking up to the robes - parties, litigants, lawyers.  Worse yet, the system pays a toll for the accusations and innuendo - which means we all pay.

But alas, the hue and cry is raised today with inertia not far behind with memories fading until the next 15 minutes of news hits our moral and social conscience.

Here is the first story.  Others will follow later.

Judge Judith McDonald-Burkman - Comments from the bench during sentencing. 

Dec 21, 2010 |  .

 The tirade delivered by Jefferson Circuit Judge Judith McDonald-Burkman on Friday as she sentenced Cecil New II to life in prison for murder was an outrageous violation of any reasonable standard for judicial conduct.

The judge declared that by sentencing New to life in prison without the possibility of parole for sexually abusing and murdering a 4-year-old boy in 2007, the convicted killer will be surrounded by ?bigger, meaner men who have nothing to lose.?

?He will fear for his life every day. He will wish this court had put him on death row,? she said. Death row inmates are kept in isolation, even to the extent of having meals alone in their cells. By putting New in the general prison population, she implies that he will be routinely in danger of abuse, rape or even death.

In a 10-minute harangue, Judge McDonald-Burkman not only invoked the specter of prison ?justice,? but also that of divine retribution, saying she hoped ?this sentence pales in comparison to what you will receive ultimately from up above.?

State Corrections Commissioner LaDonna Thompson essentially ? and properly ? rebuked the judge by quickly issuing a statement that her department ?in no way condones any kind of intimate retaliation or vigilante justice.? New will be assessed by authorities to determine whether he would, among other things, be in danger if assigned to a maximum security prison.

New committed a heinous crime of unspeakable cruelty. Clearly, he deserves a severe penalty, which life in prison with no hope of release certainly represents. There is no basis for any court to show him mercy. However, the purpose of the courts is to administer justice, not to invite prison inmates to carry out acts that, among other things, are illegal.

It seems likely that in crafting her statement, Judge McDonald-Burkman was trying to protect her backside from attacks in a future election campaign that she was soft on crime. But she went far overboard. A judge's role is never to condone prison violence, which is a serious national problem. To the contrary, a judge must uphold the rule of law and support prison procedures, which include protection of targets of inmate violence.

The rules for Kentucky's Judicial Conduct Commission require that someone file a grievance to complain about judges' actions. The results, if a judge is found to have acted inappropriately, can range from a private reprimand to removal from office.

In this case, an inquiry by the commission is clearly warranted. Judge McDonald-Burkman's behavior in court last week demonstrated a temperament that is unsuited for a judge, and an attitude about the law that flouts the very justice system she is sworn to protect.

For the story (as opposed to the above editorial) with a film clip:

Dec 17, 2010 |  By Jason Riley jriley@courier-journal.com The Courier-Journal ... have nothing to lose." "He will fear for his life every day," Judge Judith McDonald-Burkman told the family of 4-year-old Ivan Aguilar-Cano, who disappeared while playing