Arkansas Blog: The Proctor case

The investigation against Circuit Judge Willard Proctor got broad coverage from TV and newspapers, deservedly.

But there's a problem. He's still on the bench. He's still using an out-of-control private probation operation, directed by him. He's likely still sending people to jail who've committed no crime -- all without statutory or constitutional authority. Think about that again: Jail terms for people who failed to pay dubious financial obligations to a private entity a judge controls. If it's not a crime, it should be. If it's not a violation of these people's rights, it would surprise me.

Action is needed NOW. Not in a year or so when the disciplinary process finally reaches the inevitable conclusion that Proctor should be removed from the bench.

At a minimum, there's no longer a justification for the state Supreme Court to keep under seal Proctor's legal action attempting to quash the investigation by the Judicial Discipline and Disability Commission.

If you thought yesterday's reading was hair-raising, wait until you see the evidence proffered to the court in behalf of a suspension of Proctor from handling criminal cases while the disciplinary proceeding continued.

Since the investigation is now out in the open, the Supreme Court should open the file.

To quote the Arkansas and U.S. Supreme Court:

The public has a "compelling interest" in open judicial proceedings -- Arkansas Best Corp., 317 Ark. at 247

"One of the basic principles of a democracy is the people have a right to know what is done in their courts." -- Ark. Dept. of Human Services v. Hardy, 316 Ark. 119, 871 S.W.2d 352 (1994)

"...when public court business is conducted in private, it becomes impossible to expose corruption, incompetence, inefficiency, prejudice and favoritism. For this reason, traditional Anglo-American jurisprudence distrusts secrecy in judicial proceedings and favors a policy of maximum public access to proceedings and records of judicial tribunals." -- Shepherd v. Maxwell, 384 U.S. 333 (196)

The court perhaps -- and rightly -- is embarrassed that it had an earlier opportunity to put a stop to Proctor's extralegal operation but failed to do so.

Comments

When one lives one's fabulous life in fabulous places, one realizes it's not-so-fabulous cases like this one and Iniatiated Act I, not to mention the Central High Crisis 50-odd years ago, and instances of politicians like Sen. Mark Pryor defending talking snakes and a 6,000 year old earth and "joking" about the low I.Q. requirement for U.S. Senators, that -- reliably, like clockwork, year after year -- keep Arkansas in the national news as one of the most backward, poorly educated, anti-intellectual, religiously-bigoted, corrupt hick states in the union.

In fact, Sen. Pryor's phony good-ol'-boy onscreen pandering to the religious right and the anti-gay Initiated Act I, and Huckabee's derisive reviews for his new FOX TV talking head debut, are the three stories that kept Arkansas prominent in national news media for the past two or three months' news cycles. THOSE are what Americans think of when they think of Arkansas, if they think of it at all.

Silly dreams of attracting motion-picture and TV money to Arkansas through its Film Commission, or Alice Walton's wonderful Crystal Bridges Museum of American Art, are literally lipstick on a pig. As long as Arkansas' voters continue to support religious fundamentalism and bigotry and relegate education to the back of the bus, as long as scandals like Circuit Judge Willard Proctor and the tragic condition of child services under Arkansas' DHS continue to fester while officials and leaders turn a blind eye, the state will continue to feign bewilderment at why we can't attract new business or major corporations or maintain infrastructures.

We have met the enemy and it is us.

Posted by: NormaBates | November 7, 2008 10:07 AM

This isn't the only court where questionable things are happening behind closed doors. The courtrooms of the juvenile courts of Pulaski County are all routinely closed and files sealed even though juveniles supposedly have a right to an open delinquency hearing. Beyond a reasonable doubt is merely a myth for these juveniles.

Posted by: Flash | November 7, 2008 11:32 AM

Pardon my ignorgance, but aren't there other law enforcement agencies with the authority to shut down this rogue operation? Isn't there some federal violation which would trigger a US Attorney intervention? What about the possibility of civil litigation? Where in the world is the ACLU?

To Flash's observation about the Juvenile "Justice" system in Arkansas- there isn't one. If the police charge a juvenile, the story over. The abuses are rampant. No, abuses are the entire system. The Soviet criminal process looks fair and open by comparison. It is certain that someone is getting very rich off the destruction of young people's lives, but it's hard to say who. It's also clear that no young person, not even one, benefits once he falls nto the juvie abyss.

Posted by: OnlyinArkansas | November 7, 2008 01:59 PM

Flash,

Show us why you think juveniles have the right to an open delinquency hearing. I'm curious why you say that.

Posted by: hoglawyer | November 7, 2008 02:36 PM

Arkansas Blog

The Proctor case

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