Judicial Misconduct
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Judicial Misconduct
Judicial misconduct occurs when a judge acts in ways that are considered unethical or otherwise violate the judge's obligations of impartial conduct. Actions that can be classified as judicial misconduct include: conduct prejudicial to the effective and expeditious administration of the business of the courts (as an extreme example: "falsification of facts" at summary judgment); using the judge's office to obtain special treatment for friends or relatives; accepting bribes, gifts, or other personal favors related to the judicial office; having improper discussions with parties or counsel for one side in a case; treating litigants or attorneys in a demonstrably egregious and hostile manner; violating other specific, mandatory standards of judicial conduct, such as judicial rules of procedure or evidence, or those pertaining to restrictions on outside income and requirements for financial disclosure; and acting outside the jurisdiction of the court, or performance of official duti ...
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Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial p ...
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Impeachment In New Hampshire
Impeachment in New Hampshire is an expressed Constitutional power of the House of Representatives to bring formal charges against a state officer for "bribery, corruption, malpractice or maladministration, in office." Upon the impeachment of a state officer, the Senate acts as "a court, with full power and authority to hear, try, and determine, all impeachments made by the house of representatives." Upon conviction, the Senate can impose a punishment that "does not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust, or profit, under this state." Unlike at the Federal level where an impeachment conviction requires 2/3 of the United States Senators present to vote in the affirmative, the New Hampshire Constitution does not mention the burden of proof needed to impeach or convict an official, thus each house is left to decide the standard it will use. History In the history of the state, only two officials have been impeached, bot ...
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Judicial Immunity
Judicial immunity is a form of sovereign immunity, which protects judges and others employed by the judiciary from liability resulting from their judicial actions. Though judges have immunity from lawsuit, in constitutional democracies judicial misconduct or bad personal behaviour is not completely protected. Depending on the jurisdiction, they may be criminally charged for courtroom behavior unrelated to the decision-making process (for example, by shooting someone and committing a murder unrelated to capital punishment by the state), bad decisions may be reversed by an appeals court, and judges may be removed by other judges on the same or higher court (in the United States, a judicial council), by a recall election, by the next regular election, or following impeachment by a legislature. History Historically, judicial immunity was associated with the English common law idea that "the King can do no wrong" in the eyes of the courts, because the courts are created by the soverei ...
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Judicial Corruption
Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption may involve many activities which include bribery, influence peddling and the embezzlement and it may also involve practices which are legal in many countries. Political corruption occurs when an office-holder or other governmental employee acts with an official capacity for personal gain. Corruption is most common in kleptocracies, oligarchies, narco-states, and mafia states. Corruption and crime are endemic sociological occurrences which appear with regular frequency in virtually all countries on a global scale in varying degrees and proportions. Each individual nation allocates domestic resources for the control and regulation of corruption and the deterrence of crime. Strategies which are undertaken in order to counter corruption are of ...
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Malfeasance In Office
Malfeasance in office is often grounds for a just cause removal of an elected official by statute or recall election. Malfeasance in office contrasts with "misfeasance in office", which is the commission of a ''lawful'' act, done in an official capacity, that improperly causes harm; and "nonfeasance in office," which is the failure to perform an official duty. An exact definition of malfeasance in office is difficult: many highly regarded secondary sources (such as books and commentaries) compete over its established elements based on reported cases. This confusion has arisen from the courts where no single consensus definition has arisen from the relatively few reported appeal-level cases involving malfeasance in office. England and Wales Under English law, misconduct in public office is a criminal offence at common law that dates back to the 13th century. The offence carries a maximum penalty of life imprisonment. It is confined to those who are public office holders, and ...
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Legal Abuse
{{Commonscat Articles that pertain, directly or indirectly, to improper use of the legal system, or to abuse ''by'' the legal system, or to allegations thereof. Law by issue Legal ethics Practice of law Sociology of law Lawsuits Abuse ...
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Judicial Murder
Judicial murder is the intentional and premeditated killing of an innocent person by means of capital punishment; therefore, it is a subset of wrongful execution. The ''Oxford English Dictionary'' describes it as "death inflicted by process of law, capital punishment, esp. considered to be unjust or cruel". Example An early case in which charges of judicial murder were raised was the Amboyna massacre in 1623, which caused a legal dispute between the English and Dutch governments over the conduct of a court in the Dutch East Indies that had ordered the execution of ten English men accused of treason. The dispute centered around differing interpretations of the legal jurisdiction of the court in question. The English believed that this court had not been competent to try and execute these EIC members, and so believed the executions to have been fundamentally illegal, thus constituting "judicial murder". The Dutch, on the other hand, believed the court to have been fundamentally compe ...
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United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Roy Moore
Roy Stewart Moore (born February 11, 1947) is an American politician, lawyer, and jurist who served as the 27th and 31st chief justice of the Supreme Court of Alabama from 2001 to 2003 and again from 2013 to 2017, each time being removed from office for judicial misconduct by the Alabama Court of the Judiciary. He was the Republican nominee in the 2017 U.S. Senate special election in Alabama to fill the seat vacated by Jeff Sessions, but was accused by several women of sexual misconduct and lost to Democratic candidate Doug Jones. Moore ran unsuccessfully for the United States Senate in 2020. Moore attended West Point and served as a company commander in the Military Police Corps during the Vietnam War. After graduating from the University of Alabama Law School, he joined the Etowah County district attorney's office, serving as an assistant district attorney from 1977 to 1982. In 1992, he was appointed as a circuit judge by Governor Guy Hunt to fill a vacancy, and was ...
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Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ... for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of suc ...
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Samuel Chase
Samuel Chase (April 17, 1741 – June 19, 1811) was a Founding Father of the United States, a signatory to the Continental Association and United States Declaration of Independence as a representative of Maryland, and an Associate Justice of the United States Supreme Court. He was impeached by the House of Representatives on grounds of letting his partisan leanings affect his court decisions but was acquitted by the Senate and remained in office. Born near Princess Anne, Maryland, Chase established a legal practice in Annapolis, Maryland. He served in the Maryland General Assembly for several years and favored independence during the American Revolution. He won election to the Continental Congress before serving on the Baltimore District Criminal Court and the Maryland General Court. In 1796, President George Washington appointed Chase to the United States Supreme Court. After the 1800 elections, President Thomas Jefferson and the Democratic-Republicans sought to weaken Federa ...
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Diane Hathaway
Diane Marie Hathaway (born February 1954) is a former Justice of the Michigan Supreme Court. Hathaway, a Democrat, was elected on November 4, 2008 to an 8-year term which commenced in January, 2009. Hathaway retired from the court effective January 21, 2013, after being charged with felony criminal mortgage fraud, to which Hathaway pleaded guilty on January 29, 2013. Early life and career Hathaway was born and raised in Detroit, where her father was a city police officer. She attended the Henry Ford Hospital School of Radiological Technology, 1972–74, before attending Wayne State University, 1980-81. Hathaway then earned a BS in Health from Madonna College, where she graduated with honors in 1983. Hathaway went on to receive a law degree from the Detroit College of Law (now Michigan State University College of Law) in 1987. While attending law school, Hathaway served as a research clerk in the Detroit Recorders Court, and then in the Circuit Court. After passing the bar, she ...
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