“We’re gratified the court validated Judicial Watch’s ethics complaint,” said JW President Tom Fitton. “Still, absent just punishment, the decision has no teeth. That is why we’ll be asking the House to start impeachment proceedings. Judges are obviously incapable of policing themselves.”

According to the evidence, Chief Judge Martin improperly withheld a petition requesting that the full court of appeals hear the University of Michigan Law School’s affirmative action case. During that time, two conservative, anti-affirmative action justices were given senior status, rendering them unable to participate in the vote. The result was a 5-4 liberal majority, giving Chief Judge Martin the decision he favored -- a ruling that allowed the consideration of race in the university’s admissions policies. The judge also, in violation of the rules, inserted himself on a three-judge panel hearing the case. The panel was supposed to have been chosen randomly.

Were Judge Martin to have followed Sixth Circuit procedures, the outcome of the case would have been much different.

Judicial Watch filed an ethics complaint in January 2002, based partially on the written opinions of the dissenting justices. In May 2003, Judge Alice Batchelder, acting Chief Judge of the Sixth Circuit, found that, indeed, Martin was guilty of “bending the rules” in the case. However, she declined to issue any punishment.

The case ultimately reached the Supreme Court where it was partially upheld in a controversial 5-4 decision.

“In the end, it is surreal that such a landmark Supreme Court ruling is based on a case put before it through judicial misconduct,” continued Fitton. Martin had appealed Judge Batchelder’s decision to the Judicial Council, which is comprised of appeals court and district judges from Ohio, Michigan, Kentucky and Tennessee, in an effort to have the judge’s findings overturned. While he lost in this effort, he did escape punishment. The Council found that to reprimand Martin would be pointless given that his seven-year term as Chief Judge is expiring.

However, Judicial Watch continues to fight for justice, noting that the Judge will still be able to render his opinions on cases before the Sixth Circuit. Furthermore, by failing to punish Martin, the Judicial Council is sending the message that corruption on the bench will be tolerated.

A copy of the Judicial Council decision is available on the Judicial Watch Internet site at www.judicialwatch.org.

Sidebars:

Chief Judge Boyce F. Martin was also found to have violated court rules when he issued a ruling in a death penalty case without consulting his fellow justices. He also withheld an important pleading from them. The effect of these actions was a delay in the execution of a convicted murderer.