Judicial Misconduct is one of the worst problems we are experiencing in our society today. Families are suffering due to the improper conduct of those in charge of applying the laws in the Judicial Branch, and many children lose the presence of one of their parents due to Judicial misconduct.
The United States Judicial system was founded on the idea that no one is above the law. However, the Supreme Court has interpreted that Judges have absolute immunity, so long as they commit their wrong acts within their jurisdiction. In other words, if a judge sentences you to death intentionally and out of the evilest ill will, he would be protected. See the Supreme Court’s decision in Stump v. Sparkman.
Even when the States have their Judicial Qualifications Commissions, they very frequently fail to do their job because of conflict of interest between those making the final decision to prosecute misbehavior and their professional careers.
In the case of Federal Judges, 28 U.S.C. § 351(d)(1) states that only “a circuit judge, district judge, bankruptcy judge, or magistrate judge” may be investigated and punished.
This means that if a judge retires after being accused of serious crimes, they will be able to retire, keep their pension, and escape liability.
Frank Polo will propose legislation to amend 28 U.S.C. § 351 to make sure that Federal Judges are investigated and punished for crimes committed, even after the termination of their tenure. Additionally, Polo will seek to amend § 1983 to unambiguously list judges as persons liable for deprivation of constitutional rights without due process of law.
Moreover, Polo will propose the creation of a national, free of influence, Judicial committee that will have the power to investigate judges at the national level, even after retirement, and will have the power to disbar any judge, either Federal or State judges, for acts committed while in office, if those acts are malicious, and with the intent of harming a member of the public.
