| Judge Roth becomes presiding judge of
his district, replacing a presiding judge who has retired.
The newly appointed associate judge on the bench, Judge
Smith, is a likeable former colleague of Judge Roth
who helped his election and whose family is close to
the Roths. After a few months, Judge Roth notices that
Judge Smith seems to be gone from the courthouse quite
frequently. He requests a docket sheet and finds out
that Judge Smith has recused himself on numerous cases,
and has conducted and scheduled few trials. Further
investigation shows that Judge Smith has also issued
few judgments, and no opinions exceeding one page in
length. Judge Roth is tempted to say something, but
fears that it may anger Judge Smith and affect their
family relations to do so. After a few more months,
Judge Roth receives a letter from the local bar association
complaining of Judge Smith’s lack of performance. What responsibility does the presiding judge have
for the inadequate performance of an associate judge?
1. None. Judge Smith
may have to face disciplinary charges, but he alone
is responsible for his own actions.
2. As presiding judge,
Judge Roth is responsible for both his own performance
and the performance of his associate judges. Judge
Roth should initiate appropriate disciplinary action
against Judge Smith.
3. Judge Roth is responsible
as presiding judge, and should refer the matter to
the Judicial Standards Commission or the Supreme Court
immediately.
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