Judicial Overreach and the Role of Arbitrators in Resolving Disputes

Lawyers often encounter judges who exceed their authority, leading to disputes and ethical dilemmas. In this article, we will explore cases of judicial overreach and discuss the importance of arbitrators in addressing such issues. These stories from the legal world highlight the need for judicial responsibility and transparency.

Case 1: The Judge Who Exceeded Authority

One such instance occurred in a California state civil court case where I represented a defendant. The judge, exasperated by my failure to produce documents in discovery that the other party did not request, threatened to impose sanctions. Twenty years ago, under federal rules, everything had to be turned over, but this judge seemed to have a different interpretation of the law. The opposing counsel even informed the judge that he was mistaken. While the judge did not take any formal action, his overreach left me feeling embarrassed and provoked a response from my peers who believed he was wrong. Interestingly, this judge later became a private arbitrator, a role where his overreach could be more detrimental.

Case 2: The Unqualified Judge Who Disqualified The Prosecution

In 1985, I had the unfortunate experience of trying my first murder case against Gerry Spence, a well-known defense attorney with a reputation for bullying and intimidating judges. The trial concerned a teenage defendant who had murdered a neighbor. Despite a lot of public support for the defendant, two successive judges were appointed to handle the case.

The second judge, who was clearly in awe of Mr. Spence, immediately hailed him as a great lawyer. I had previously petitioned to disqualify this judge but was unsuccessful. Within hours of taking office, he granted a venue change to his courtroom and released the murderer on his own word. The judge then disqualified everyone in the district attorney's office on the grounds that they were too involved in the case. In a bizarre twist, he appointed a private lawyer with no ties to the community and made the county pay his hourly rate.

The local newspaper, alarmed by the judge's actions, wrote a critical editorial. Demanding accountability, the judge, without notice to either the defense or prosecution, allowed the two women who had convinced Spence that the case was about Native American rights to come to his courtroom and make false allegations. The judge was reportedly dumb enough to permit his court reporter to document these lies, making them permanent evidence.

The Role of Arbitrators and Judicial Ethics

These stories underscore the importance of judicial ethics and the role of arbitrators in ensuring justice. Private arbitrators, such as the judge who converted to arbitration, play a crucial role in resolving disputes. However, their actions must be guided by ethical standards and the law.

Arbitrators, being outside the regular court system, have the opportunity to mediate conflicts and resolve disputes without the same constraints as judges. However, they must adhere to strict ethical guidelines to maintain their credibility and ensure fair processes. Arbitration can provide a more flexible and efficient alternative to traditional judicial proceedings, but it requires careful oversight to prevent judicial overreach.

Public awareness and legal mechanisms are essential in holding judges accountable for their actions. Legal communities, such as the Southern California community, play a vital role in supporting ethical practices and reporting misconduct. By sharing such experiences, we can foster a culture of transparency and integrity in the legal profession.

In conclusion, instances of judicial overreach, such as those detailed herein, highlight the critical importance of judicial ethics, the role of arbitrators in resolving disputes, and the need for transparent and accountable legal processes. These stories serve as cautionary tales for both judges and arbitrators in upholding the integrity of the legal system.