Take a trip to Judge Benedict Willard’s criminal court chamber if you want to see an elected judge in action. If you are lucky, you might see him sipping coffee and reclining in his chair during testimony. His thick accent, unsuppressed use of slang and neglect for control of his voice’s volume is more reminiscent of Judge Joe Brown’s sassy courtroom antics than the behavior of a distinguished courtroom veteran. But somehow, despite this brand of judiciary ethic, police take all the blame for the revolving door that is New Orleans’ criminal justice system.
Judges are titled “honorable” because we respect their ability to make balanced decisions and we characterize them as wise, utilizing years of legal experience. This isn’t the case here. New Orleanians entrust their not-so-honorable judges to preserve America’s blind legal system with the lowest of national standards: five years of limited legal experience, a campaign fund and a partisan ticket to run on. Worse-off, these standards apply to not only district courts, but also the Louisiana Supreme Court, permitting inexperienced rulings all the way at the top.
Many states appoint by merit because there is nothing blind about a judge working for campaign contributions before justice. Appointments are typically for life because it enables appointees to remain independent from external influences like party pressure or public opinion, which might inhibit their ability to rule fairly. Although not perfect, these systems require credibility, over five years experience and even training before awarding a robe and mallet, which is more than Louisiana can say.
Defenders of the election method believe public pressure holds judges accountable for rulings, thereby forcing proper decisions for them to maintain incumbency. Nothing is farther from the truth. Law is not about opinion, it’s about justice and the public is guilty of judging defendants with little to no evidence at all. This uninformed public pressure can inherently corrupt the system by influencing the mind of a judge seeking reelection.
But at least contributing to his committee can keep family out of central lock-up, right?
This ties to New Orleans because without an effective judiciary, there is no pressure to adhere to procedure and officers will continue coming up short during trials. Take for example an officer testifying ambiguously to avoid reprimanding for a procedural mistake, like an unwarranted search. If the judge permits defense and police to bicker about facts, without clarifying details to the jury, he influences the decision by making the detail seem disposable.
By not making an example of the officer, the judge encourages police to continue disregarding pesky procedures, like obtaining warrants, making “lack of evidence” a household term as the public blames NOPD for putting criminals back on the street, instead of judges whom condoned the behavior. If anyone did blame a particular judge, upping convictions would relieve pressure despite the fact the convicts will be released during appeals.
Despite the National Guard, Guardian Angels and FBI aiding police, crime continues to soar. It is time we begin looking past the badge and up the robe.
