One of the most pressing juridical questions of our time is: Who judges the Supreme Court judges? Certain seated members like Roberts and Alito either neglect to address judicial misbehavior or claim that the Constitution prevents any other branch of the government from intervening. However, this is a flawed interpretation of the Constitution.
Fortunately, dealing with judicial misconduct is a simpler task everywhere else as it allows for increased accountability. For instance, the ABA Journal reported that a judge, who insulted a teacher over her double-parked car, was advised for admonishment by the New York State Commission on Judicial Conduct.
Judicial admonishments may seem trivial, but it is important to note that if major misconduct, like accepting large gifts from individuals with pending matters before the Court, were to be discovered, the consequences would significantly escalate.
Notably, Judge Epstein isn’t the first judge to face repercussions for inappropriate actions. Other examples include Christian Coomer who was removed for vacationing at the public’s expense and Alexis G. Krot who behave outrageously because a man with cancer didn’t keep his yard tidy.
The central point here is that when judges display unprofessional behavior, it should neither be considered extraordinary nor a partisan attempt when their actions are scrutinized and they are held accountable.
However, the responsibility does not end here, but it extends to the top levels. There are alleged cases of long-term impropriety by sitting Supreme Court members that are arguably more significant than the minor misconduct cases of lower-level judges. The actions of these judges deserve more attention and public scrutiny.
Indeed, Judge Epstein’s actions were inappropriate and, rightly so, she should face scrutiny. However, larger judicial abuses continue to surface periodically, notably with investigative journalism from ProPublica, highlighting a crucial need for sustained public attention and investigation.
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