In my previous post, I explained the Massachusetts SJC’s ruling last week on the contretemps surrounding the question of whether or not the Massachusetts Commission on Judicial Conduct can allowably inquire into a judge’s reasons for his or her rulings. The issue arose because the Judicial Conduct Commission had launched an inquiry into one of the judges in the Boston Municipal Court following allegations of bias filed by the Suffolk County District Attorney.
Surprisingly enough, as a Dedham, Massachusetts criminal defense attorney, I disagree with this decision. I know that my colleagues in the criminal defense bar will disagree strongly with me, but I can’t agree with this decision. My opinion isn’t pro-prosecution, nor is it pro-defense. Nor am in any way saying that judges should be required to explain their reasoning if litigants, prosecutors or defense counsel don’t like a particular judge’s ruling. Such would be ridiculous. The Judiciary was designed to be independent for good reasons. Under typical, day-to-day “normal” circumstances, I don’t believe judges should have to explain their reasoning to litigants, to disaffected parties, or to the media.
However, the circumstances presented in judge Dougan’s case are anything but “normal” – and I don’t think that an honest advocate for either side of this argument can claim otherwise. The SJC’s ruling here can just as easily be used against criminal defense attorneys one day. Or against minorities, or women. Consider this: What if a judge somewhere in Massachusetts were to routinely – in almost every case that came before him or her – rule against black defendants. Or against women. Or against the members of any particular ethnicity or group. Let’s assume a judge were to rule this way no matter the evidence, and let’s say it happened in almost 100% of the cases before this hypothetical judge. In such a circumstance, such a judge would be essentially unstoppable. And that is not good public policy.