Why are American judges (allegedly) so corrupt?
It is a good question.
And it is a very REALISTIC question, too.
However, if/when you think about the PROCESS of having a new baby judge in the United States, it is/may not be that much difficult to understand why American judges are (allegedly) so corrupt.
1. To be a judge.
There are two ways to be a judge in the U.S.
A. Being elected.
American judges are elected according to their jurisdictions by each States’ constitutions or statues.
Election is very costly or expensive process as you already know.
Those who have money or can attract money tend to win or at least be able to have great leverage over every elections.
B. Being appointed.
American judges are appointed according to some jurisdictions.
U.S. constitutional judges are such typical examples.
There are appointed judges in each States’ jurisdiction or their own process according their own laws.
Then, who appoints such new judges?
Politicians do that.
We don’t have to have long conversations or explanations about why POLITICS or POLITICIANS are corrupt.
You already know, or you may already know.
American politics is corrupt. American politicians are corrupt. So American judges are (allegedly) corrupt.
2. What is the pool for American judges?
American judges are chosen, elected, or appointed from the pool of lawyers(attorneys) who have legal education and license.
American lawyers are already (allegedly) very corrupt.
They have bad or notorious reputations. Not all of them, but a lot of them.
General public say that there are crooked lawyers, who deceive their clients, and who disrupt good order of judicial process.
A new corrupt judge is born among corrupt lawyers.
3. American legal system.
American legal system is very interesting, but COMPLICATED.
A. Common Law tradition.
Judges tend to have, relatively speaking, more power and authorities under the legal system and tradition of “Common Law”, which was originated from British(English) legal system, compared to “Civil Law” system(European/Continental Legal System).
In the Civil Law system, everything is codified. That system is also called as “inquisitorial system.” Mr. Hwang was accustomed to that legal system for a long time.
In the United States, there are a lot of judge-made laws or case laws even though American legal system evolved or changed a lot, and many things were codified over the course of legal development.
B. Federalism
There are two different government systems in the United States of American.
Federal government and each States’ governments.
Those governments have their own laws in order to rule their own jurisdictions.
Each State is governed by both federal laws and States’ ones together all the time.
It is very unique system compared to other small countries which have their single system(not federal system).
But if you look at/think about American history, especially before/during/after the American Revolution and the unfoldment of American history, you can NOD and understand why the U.S. have such legal system.
American history was and is PERMEATED into American legal system including, but not limited to federalism.
C. Adversarial system
If you have a legal problem or issue, and end up going to a court, nobody will help or guide you.
You(Pro Se) or your lawyer should do everything because it is called “Adversarial System.”
Lawyers have great discretion and independent position, and more legal knowledges than you do. Judges have more discretion, position, and authorities than lawyers do.
Corrupt judges can/tend to use their DISCRETIONARY power for their own benefits, interests, bribery, or/and corruptions.
That’s why there are a lot of CORRUPT JUDGES in the United States.
Written by Mr. Hwang
Published: December 2, 2022