Latest news with #CodeofJudicialConduct
Yahoo
16-07-2025
- Politics
- Yahoo
Washington Co. solicitor resigns citing weeks of harassment
WASHINGTON COUNTY, Ga. (WJBF) – The part-time Washington County solicitor has resigned. Michael Howard made the announcement on Facebook. He said he's left his position after what he calls weeks of online harassment of recused Washington County Sate Court Judge, John Dana. Howard claims Judge Dana made allegations of corruption against him in May. Read the entire Facebook post below: Following weeks of online harassment courtesy of recused Washington County State Court Judge John Dana and the attorney hired to do his bidding, Michael Howard has resigned from his position as part-time Washington County Solicitor. Judge Dana, who was forced to recuse himself from all criminal cases in State Court due to his own violations of Georgia's Code of Judicial Conduct, has through his lawyer Ben Sessions made daily social media posts attacking Howard and promising the attacks will not stop until Howard resigns. 'You can stop the embarrassment of yourself and your community,' Sessions posted on June 26. 'This is ON YOU.' According to Code of Judicial Conduct Rule 2.3 (B) addressing bias, prejudice, and harassment, 'a judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, or engage in harassment, including but not limited to bias, prejudice, or harassment based upon age, disability, ethnicity, gender or sex, marital status, national origin, political affiliation, race, religion, sexual orientation, or socioeconomic status. Judges shall not permit court staff, court officials, or others subject to the judge's direction and control to do so.'On May 13, Judge Dana made outlandish allegations of corruption against Solicitor Howard and the State Court Public Defender, exhibiting clear bias and prejudice, for which Judge Dana was forced to recuse himself from all criminal cases in State Court so long as Howard remained in place. Judge Dana, in retaliation, engaged in a public harassment campaign against Howard, directing his hired attorney to attack him on social media, intimidate Howard's private clients and encourage his clients to fire him. 'Serving as Washington County Solicitor has been an honor until the clear bias, prejudice, and harassment by Judge Dana and his allies made it impossible for me and my family to continue doing so,' said Howard. 'Judge Dana, who will have still violated Georgia's Code of Judicial Conduct long after I am gone, can find someone else to retaliate against for his own actions that he understandably finds professionally embarrassing.' Following Howard's resignation, Georgia's Judicial Qualifications Commission's investigation into Judge Dana's violations remains pending. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Solve the daily Crossword
IOL News
09-07-2025
- Politics
- IOL News
From Flirtation to Tribunal: The Misuse of Article 5 in the Mbenenge Case
Eastern Cape High Court Judge President Selby Mbenenge. As the case unfolds, the distinction between flirtation and harassment blurs, challenging the integrity of judicial processes in South Africa, writes Gillian Schutte. Image: Office of the Chief Justice As the Judicial Conduct Tribunal against Judge President Selby Mbenenge drags on under intense public and media scrutiny, a curious and dangerous paradox has taken shape: the accused is being tried as if he were charged with violating Article 5 of the Code of Judicial Conduct. But he isn't. Article 5, which demands that a judge must always, and not only in the discharge of official duties, act honourably and in a manner befitting judicial office, has become the moral lens through which the case is viewed. Yet, it is absent from the formal charge sheet. Mbenenge is not being judged on whether his conduct was unbecoming. He is being tried, formally and narrowly, for sexual harassment — a specific and technical offence that must meet a higher threshold of proof. This sleight of hand, whether careless or calculated, has serious implications not only for the principle of due process but for the integrity of judicial discipline in South Africa. The Legal Construct: Charge First, Ethics Second In judicial proceedings, as in criminal law, the accused must meet the case as charged. This is not merely procedural nitpicking. It is a foundational principle of fairness. The JSC process does not allow for a competent verdict, the mechanism in criminal law that permits conviction on a lesser charge if the main charge fails. In the absence of Article 5 on the charge sheet, no finding of 'conduct unbecoming' can lawfully be made, no matter how convincingly the optics are stacked against him. This is why the defence is in an invidious position. They do not deny the existence of WhatsApp flirtation. They argue, rightly, that the exchanges were mutual and private, and that the context reflects consensual banter rather than coercion. But in making this argument, they are trapped in a moral discourse not grounded in the charge, yet reinforced by media narratives, NGO rhetoric, and ideological framing. This has created a scenario where the Tribunal proceedings blur into a cultural inquisition rather than a measured adjudication of whether the conduct in question meets the test of sexual harassment under the JSC Act. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading Flirtation, Privacy, and the Politics of Narrative WhatsApp messages between adults, particularly when mutually flirtatious, exist within the protected domain of privacy. When lifted from that domain, stripped of full context, and reframed through ideological filters, they are transformed from interpersonal exchange into evidence of ethical decay. The problem is that this ethical interpretation is being retrofitted to charges it was never designed to support. The media, and those prosecuting the case in the court of public opinion, are back-projecting Article 5 onto a legal process that has not invoked it. There is, in this move, an implicit conflation of flirtation with predation. The Tribunal risks ignoring the cultural, linguistic, and social nuances of communication, particularly in isiXhosa-speaking professional environments, in favour of a universalised Western feminist script in which flirtation between a senior man and a younger woman is always interpreted as an abuse of power, regardless of context, mutuality, or complexity. Ethical Optics as Soft Lawfare What we are seeing is a trial by ethical aesthetics rather than judicial evidence. The complainant's claims are amplified by external experts and NGO representatives who, while asserting neutrality, operate from within donor-funded ideological frameworks that centre presumed guilt in gender-based claims, especially when the accused is a Black man in power. This mode of operation is fast becoming a soft lawfare tactic. Apply the ethics of Article 5 in discourse, but avoid its procedural burdens in law. The result is a hybrid tribunal where the public is encouraged to believe that the judge is 'clearly guilty' of something, even if the charge, as formulated, cannot sustain that belief under scrutiny. The core question is no longer whether the accused committed sexual harassment, but whether he appears respectable enough to bear the burden of his office. But appearances are not evidence. And in a society already fractured by class, gender, and racialised trauma, we cannot afford to replace law with moral performance. A Caution for the Judiciary This Tribunal has the potential to set a dangerous precedent. That optics trump process, and that an ideological charge can succeed even when the legal charge fails. If Mbenenge is found guilty of sexual harassment without meeting the evidentiary requirements of that charge, on the basis of ethical discomfort with his behaviour, then the judiciary will have crossed into a terrain where the rules don't matter and only feelings do. Worse still, such a precedent would not protect women. It would erode procedural fairness in ways that can be weaponised in any direction. Today it is used against a powerful Black man. Tomorrow, it may be used to silence dissent, criminalise political speech, or remove judges who challenge elite interests. We are not obliged to admire Mbenenge's messages. But unless the evidence proves that they constitute harassment rather than flirtation, coercion rather than banter, harm rather than mutual play, then we must be cautious not to abandon the very principles that protect all of us. And we must insist that justice be done as charged, not as imagined. The ongoing Judicial Conduct Tribunal against Judge President Selby Mbenenge raises critical questions about the misuse of Article 5 of the Code of Judicial Conduct. As the case unfolds, the distinction between flirtation and harassment blurs, challenging the integrity of judicial processes in South Africa. Image: IOL
The Hindu
31-05-2025
- Politics
- The Hindu
The loneliness of the judges
The life of a serving judge is often cloaked in an aura of dignity and authority, but beneath this exterior lies a profound solitude that few outside the judiciary understand. Judges, entrusted with the weighty responsibility of interpreting laws and delivering justice, often find themselves isolated socially and emotionally. This isolation is not just a byproduct of their profession; it is a deeply ingrained aspect of their role, shaped by ethical codes, relentless workloads, and the inherent nature of judicial decision-making. The combination of power, isolation, and disconnection from ground reality exacerbates the loneliness experienced by judges, creating a complex web of challenges that affect their mental health and professional effectiveness. Judges wield significant power, which can lead to a sense of detachment from the community they serve. This power dynamic often results in a heightened level of respect and deference from others, making it difficult for judges to form genuine, non-professional relationships. As noted by judges themselves, once they ascend to the Bench, their social circle shrinks, and they often lose their first name and will be known only by their title. The isolation inherent in judicial roles is compounded by the need for impartiality and the ethical restrictions that limit their social interactions. This isolation can lead to a disconnection from the ground reality, as judges may not fully engage with the broader community outside their professional sphere. This disconnection can impair their ability to understand the social context of cases, potentially affecting their decision-making. Judges face immense stress from handling high-profile cases, compounded by loneliness, leading to burnout and compassion fatigue. These challenges can harm their morale, health, and relationships, while impairing decision-making. Addressing this requires peer support networks, stress management strategies, and community engagement opportunities. Ultimately, systemic support is essential to protect their well-being and uphold judicial integrity. Loneliness among judges is not a new phenomenon. Anecdotal accounts from judges reveal the gradual erosion of social connections as they ascend to the Bench. Many describe their transition into judicial office as akin to entering a 'monastery' — a life marked by anonymity and detachment. The restrictions imposed by the Code of Judicial Conduct prevent judges from maintaining casual social relationships with lawyers or engaging freely in community activities. Over time, this professional isolation morphs into personal loneliness, leaving judges to grapple with feelings of invisibility and disconnection. Psychological toll The psychological toll of this loneliness is significant. Empirical research on judicial stress has shown that judges experience elevated levels of burnout, secondary trauma, and emotional exhaustion. While their rates of depression may be lower than those in the broader legal profession, the constant pressure to remain impartial and composed exacerbates their vulnerability to mental distress. From a neuroscientific perspective, loneliness is far more than an emotional state — it has tangible effects on brain function and overall health. Chronic loneliness triggers stress responses in the brain, impairing cognitive functions such as memory and decision-making. Prolonged isolation has been linked to accelerated cognitive decline and increased risks for conditions such as heart disease and dementia. For judges who must process complex legal arguments and deliver decisions that impact lives, these neurological effects can compromise their ability to perform effectively. Addressing judicial loneliness requires systemic interventions tailored to the unique challenges of this profession. Peer support networks can provide judges with safe spaces to share experiences and foster camaraderie. Mental health programmes designed for judicial officers can help mitigate stress and promote emotional well-being. Encouraging work-life balance through manageable caseloads and periodic breaks from emotionally taxing cases can reduce burnout. This difficulty is inherent to family court judges who deal only with emotionally draining cases such as divorce, custody, and guardianship daily. The loneliness experienced by judges is not just a personal struggle but a societal issue with far-reaching consequences. By recognising this silent challenge and implementing meaningful solutions, we can safeguard the mental health of those who dedicate their lives to justice while preserving the integrity of our legal systems. In an era where loneliness afflicts millions globally, addressing its impact within the judiciary is timely and necessary. anaushram44@
Yahoo
02-05-2025
- Politics
- Yahoo
Sawyer County judge condemned, praised for alleged response to Judge Dugan's arrest in Milwaukee
Young protesters express their support for Sawyer County Judge Monica Isham, who has been criticized by Republicans for her comments about safety in the courtroom after the arrest of Judge Hannah Dugan in Milwaukee | Photo by Frank Zufall/Wisconsin Examiner Sawyer County Circuit Judge Monica Isham drew rebukes from Republican elected officials and conservative media outlets after she reportedly expressed concerns for her safety in court after the April 25 arrest of Milwaukee County Circuit Court Judge Hanna Dugan. The Examiner has not been able to confirm the authenticity of the email, but WISN News, the ABC affiliate in Milwaukee, reported that two Wisconsin judges confirmed to the station that they had received it from Isham. In the email, Isham allegedly said she would refuse to appear in court unless she received 'guidance' and 'support' concerning the presence and permissible activities of ICE agents. Over the weekend of April 26-27, right-wing media outlets obtained and shared the email they claimed Isham sent to other judges. On Monday and Tuesday Isham appeared in court via Zoom. There is also added security in the court, and a Sawyer County Deputy told the Wisconsin Examiner there had been a threat to a judge. Isham was elected in November 2023 to the newly created Branch 2 court in an uncontested race. She is a member of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and is the first female and first Native American judge in Sawyer County and only the second Native American circuit court judge in Wisconsin. In the email, Isham reportedly noted she had sworn an oath of support to the U.S. and the Wisconsin constitutions. She also reportedly added that Judge Dugan was standing by her oath of office when she confronted ICE officers who came to her courtroom in Milwaukee and escorted the defendant they'd come to arrest out a side door. 'Yesterday, Judge Hannah Dugan of Milwaukee County stood on her Oath in the very building she swore to uphold it and she was arrested and charged with felonies for it. Enough is enough,' the email message said. 'I have no intention of allowing anyone to be taken out of my courtroom by ICE and sent to a concentration camp, especially without due process as BOTH of the constitutions we swore to support requires. Should I start raising ball money?' Isham's reported threat to not hold court out of concern about interactions with ICE agents drew criticism from three northern Wisconsin Republican legislators who represent Sawyer County. Republican U.S. Rep. Tom Tiffany said Isham should resign. 'Monica Isham is choosing to protect illegal aliens over the law,' Tiffany wrote on X. 'She should resign or be removed.' State Sen. Romaine Quinn and state Rep. Chanz Green, issued a joint statement: 'Wisconsin's Code of Judicial Conduct requires a judge to uphold the integrity of the judiciary. It further states that 'a judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.' 'Judge Isham's threat to close court certainly does not promote public confidence in our court system or uphold the integrity of her position as a public official in this state. It is a disservice to the residents of Sawyer County.' In their joint statement, Quinn and Green note that there had been an intensive effort to expand Sawyer County's court to the second branch, which was officially recognized in 2023, and they go on to say that if Isham will not exercise her duties, then she should resign. The Republican Party chair for the 7th CD, Jim Miller, who is also the president of the Hayward City Council, said he has empathy for Judge Isham for saying in the email that she had faced racism in her courtroom. 'That's sad that she's had to face that,' said Miller. 'If that were my court and I faced racism, I would have held those people in contempt of court.' However, Miller said that Isham's threat not to hold court was drawing the ire of many people he had talked to. 'That does not sit well with people because they expect her to be a public servant,' said Miller. 'If she is going to get a paycheck, she should come in and do her job. You can't just boycott working as a public servant. It doesn't work that way.' Isham has so far continued to hold court via Zoom. Miller is also critical of Isham reportedly mentioning those detained by ICE would be sent to a 'concentration camp.' 'My recommendation would be for her to at least clarify or maybe apologize for that statement, because that's a stretch beyond stretch,' said Miller. 'People like to throw out the Nazi references on both sides of the aisle, and it really muddies the argument of what's going on.' He added, 'I think her emotions got the best of her, but I think people have real questions about her ability to make sure that justice is blind at this point, and that's the biggest concern.' On Thursday, May 1, there was a large demonstration at the corners of state highways 27 and 63 in the city of Hayward with many people holding signs supporting Isham. At 2 p.m. approximately 80 demonstrators left the corner by the state highways and walked two blocks by the Sawyer County Courthouse, and they were joined at the courthouse by over 20 students from Lac Courte Oreilles K-12 school who said they came out to support Isham, a fellow tribal member. 'I'm here to fight for Judge Isham and what we stand for, and I find it inspiring to be here,' said Ashland Demonie, 14. However, Denomie was also appalled to see some adults driving by swearing at the students and giving the youngsters the middle finger. 'It bothers me because we are just children here fighting for our rights and fighting for who we are, and seeing how harsh some adults respond, who should be more mature, is troubling,' she said. Ode'iminke Leach, 15, is also a student who came out to support Isham and advocate for Native Americans. 'I'm out here protesting because I support Judges Isham and Dugan,' said Elizabeth Riley of Hayward, a Democrat who has run twice for the 74th Assembly District. Riley said she feared that under President Donald Trump, the U.S. would not follow the rule of law but become more like a developing nation where authority is in the hands of a powerful individual rather than the written law and guaranteed rights. Mary Vintcenda of the village of Exeland said she was at the demonstration to support Isham and the rule of law. 'I support Judge Isham because she is standing up for the rule of law,' said Vintcenda, who was joined at the demonstration with her brother, Tom, who was also holding a sign. 'She's standing up for what's right, and I wish others would join us.' 'So we're out here supporting Judge Monica Isham,' said Paul DeMain, former editor and owner of News from Indian Country and a Native American active in Democratic politics who has run for state Senate. DeMain said Isham's email represents concerns that many judges have across Wisconsin after the arrest of Dugan. 'My understanding is the entire state is engaged in a discussion about how to deal with potential ICE raids in the courtroom,' he said. DeMain said ICE actively pursuing suspects in a court will discourage witnesses from appearing in court if they fear being arrested by ICE. 'Are they going to show up in the courtroom to testify if they think they're going to get hauled out and deported to El Salvador and put in a concentration camp?' asked DeMain. 'These courts need to be safe. They need to be involved with respecting that due process for all U.S. citizens and all people in this country and let the process work it out.' He added, 'I think what's going on with this administration, showcasing for publicity reasons the arrest of the Milwaukee judge with massive law enforcement officers, cuffing the judge outside in the parking lot, inviting all the right-wing media to take pictures — these are staged events meant to [cause] U.S. citizens to be afraid to speak up, to be afraid to have an oppositional view, to stand up for citizens' rights in this country.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
23-04-2025
- Politics
- Yahoo
Baton Rouge judge suspended; court split over paid leave
BATON ROUGE, La. (Louisiana First) — The Louisiana Supreme Court has suspended 19th Judicial District Court Judge Eboni Johnson Rose following findings of judicial misconduct. In an order issued Wednesday, the court suspended Johnson Rose from judicial office for six months without pay, though four of those months are deferred, meaning she will serve a two-month unpaid suspension immediately. She will also be placed on probation for two years and must pay more than $11,000 in associated costs. The action stems from a joint petition for consent discipline submitted by Judge Rose and the Judiciary Commission of Louisiana. In the petition, Rose admitted that her conduct in four separate criminal cases violated both the state's Code of Judicial Conduct and Louisiana's Constitution. According to court documents, Rose made 'serious legal errors' in three of the cases, and in the fourth, used profane and offensive language, including a racial slur, while expressing bias against the District Attorney's Office. Louisiana Supreme Court indefinitely suspends Baton Rouge lawyer accused of possessing child porn Judge Rose was initially removed from the bench in August 2024 under an interim suspension order, after the commission said she posed a 'substantial threat of serious harm to the public and the administration of justice.' Associate Justice William J. Crain dissented from the majority decision, calling the eight months Rose spent on paid suspension 'the equivalent of a paid vacation.' He argued she should either serve the full six months without pay or be required to reimburse taxpayers for the salary of the pro tempore judge who covered her docket. Justices James McCallum and John Weimer also dissented; Justice Piper Griffin concurred in the result but raised concerns about voter disenfranchisement in judicial disqualifications. Johnson Rose, elected to the Division K seat in December 2020, will remain on probation under a court-monitored agreement. Her disciplinary costs include more than $6,900 to help offset the cost of the temporary judges appointed during her suspension. Trump signals thaw in trade war with China Baton Rouge judge suspended; court split over paid leave Senate Republican: Hegseth is 'going to need some help around him' Family horrified as boater appears to run over manatees in Florida New details released in death of former child actress Sophie Nyweide Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
