If a court stenographer overheard a judge say?

Question

If a court stenographer overheard a judge say

“I’m gonna help them fry the "*iger”

in regards to the case the judge was currently sitting on

Would it be fair to think that there was a high probability that the African American being tried would receive a less than fair trial?

and ...yes...this question is based on a real case.

Proof of this assertion was provided to the _______ Supreme Court in the form of a written affidavit signed by award-winning court stenographer, __________

Answer 1

That would be a fair assumption.

Answer 2

Well, I'm 'assuming' that the judge is calling an African-American by that derogatory term. Sometimes people, and judges, call all minorities by that term not just African-Americans - why I do not know and no it isn't right to do so.

Knowing that African Americans tend to be incarcerated more often than those of other races particularly Whites leads me to believe that the benefit of the doubt will go to the prosecution in either jury trials or bench trials. This doesn't mean that the judge has done or will do anything illegal however it really doesn't look good for a judge to be so blatantly biased.

This should be reported, especially if there is substatiating proof, to the Bar Association - especially the ethics committee. They will take from there and it will become part of his/her Bar Association record from that time. This leaves a paper trail to follow throughout the judge's career.

Answer 3

It would seem there would be a high probability that the defendant would not receive a fair trial. Is this a hypothetical, or is this something that needs to be addressed in a less abstract fashion?

And in response to the below answer: the judge still determines a million factors in a jury trial... just in evidentiary issues alone, the judge has tremendous power to affect the outcome.

Answer 4

The judge who uttered that should't be a judge. Then again, lots of judges shouldn't be judges.
Every judge lies to the jury during jury instrucions and tells them that they are to judge the case based solely on the law, which is not right. If a juror feels the law in a particular case, or the application of it, is unjust, they are in their right to find the defendant 'not guilty' irrespective of what the judge said. It's called 'jury nullification'. Judges hate it.
In regards to this particular judge, and his statement he uttered, he is violating this defendants right to a fair trial by saying what he said. While I have no sympathy for criminals, I have less sympathy for them when they're the ones wearing the black robe and pounding the gavel. This guy shouldn't be on the bench. You might want to talk to your local ACLU attorney about what you heard. I'm sure he'd be REAL interested. They could probably go after this judge in federal court, and hopefully you'll be protected by 'whistle-blower' statutes.

Answer 5

That ought to be reported to the commission that oversees judges, usually administered by the state supreme court. Just a comment like that, depending on whether there have been other complaints about that judge, can get a judge removed from the bench.

Answer 6

link

Answer 7

that depends on if is a jury trial or a judge trial. A jury trial, no (unless someone else heard him say that). But given true crime stats, without ever hearing that a judge said that, i can tell you 100% without a doubt, that black men are tried more aggressively and more often than any other group of people.

Answer 8

That judge should be disbarred. Plain and simple.