Reporting Judicial Misconduct

A recent article in the Wall Street Journal reported on the appalling conduct of former U.S. Bankruptcy Judge David R. Jones, in Houston, who was forced to resign from the bench when it was revealed that he had a years-long romantic relationship with a lawyer whose firm frequently appeared before him (and who billed time on those cases). It seems that various lawyers had known about the relationship but had taken no action, and the situation was only made public by an anonymous letter.

As it happens, my friend Deborah Thorne, a U.S. bankruptcy judge in Chicago, recently published (with two coauthors) a comprehensive article on the duty to report judicial misconduct. Here is the introduction:

[W]hat are the obligations for a lawyer under the Rules of Professional Conduct to report if they observe the unethical conduct of a judge? Are they required to assist in maintaining the ethical integrity of the profession? Does the ethical duty to report conflict with other ethical obligations to vigorously promote the best representation of a client?

In an intertwined bankruptcy law community, there is an understandable reluctance by lawyers to call out judicial misconduct. Despite this reluctance, it is imperative that lawyers are familiar with the process of reporting and the ethical duties mandating them to report any knowledge of misconduct.

Deborah's article does not mention the Jones fiasco, but it could not be more timely. You can read the entire piece here.

The WSJ article is paywalled, but you can read more about Jones here, here and here.