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In the early 2000s, two Pennsylvania judges sent thousands of children to a juvenile detention
center, in exchange for financial kickbacks from detention center operators. This “kids
for cash” scandal resulted in long prison sentences for the guilty parties, and raised
the issue of judicial corruption. A recent watchdog report estimated that almost half
of all Americans think the U.S. justice system is corrupt. It also approximated that over
2.5 million individual bribes are paid within the judicial system each year. So what’s
going on? Why are America’s judges so corrupt?
Judges occupy a particularly privileged status within the judicial branch. Although federal
judges and supreme court justices have life-long terms, in many states, judges must still run
for reelection. While elections are supposed to hold local judges accountable to their
constituents, it can often create conflicts of interest, just as it does with politicians.
In one 2004 case, an Illinois judge won an appointment to the high court, partially thanks
to financial support from a large insurance agency. Suspiciously, the judge later voted
to overturn a billion dollar lawsuit against the agency, leading to a federal investigation
of the circumstances.
As judges are usually unopposed in their rulings, they hold the power to make dishonest judgements
for financial gain, as in the kids for cash scandal. In a 2013 case, a Texas state judge
was convicted of receiving more than $250,000 dollars in bribes and kickbacks in exchange
for favorable rulings. Some judgements were even sold for as little as $300 dollars a
piece.
Judges with tenure and life-long terms also pose a problem because they are essentially
incontrovertible. Alabama Supreme Court Justice, Roy Moore, has more than once defied popular,
higher court rulings because of his own religious bias. Most recently he ordered state officials
to refuse marriage licenses to gay couples. Few penalties have been levied against Moore
for his actions, though, in 2015, the Southern Poverty Law Center officially filed an ethical
complaint.
The American judicial system plays one of the most important regulatory roles in society.
While an overwhelming majority of judges play by the rules, the lack of oversight and accountability
leave the door wide open for corruption. Although a few government organizations like the Public
Integrity Section study public officials, the investigation and prosecution of judges
is a “highly sensitive” issue. Watchdog groups and media reports indicate that corruption
is clearly present within the judicial system. But prosecution is difficult, when those in
question are the ones interpreting the law.
While corrupt judges can fortunately be voted out if they are local, Supreme court judges
are here to stay for life, whether we love them or hate them. To find out why, watch
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