The Current Systemic Problem with the Judicial System

 It is truly unfortunate that recent events have given weight to criticism that the judicial system is corrupted. The actual corruption relates more to the systemic foundations and operation than the individual dishonesty of certain venal judicial officials. 

Let me explain. The problem with Justices Thomas and Alito goes beyond their acceptance of gifts and bribes from parties with disputes before the SCOTUS that impugn their independence. The real problem is the systemic rot that PLACES them on the bench with the express and implied goal of slanting rulings and undermining confidence in the SCOTUS. 

In Georgia, the judge holding hearings on what should have been treated as a frivolous motion to disqualify prosecutors has ruled that there was no proof of ACTUAL conflict [which is the legal standard for disqualification], but that some vague "appearance of impropriety" justifies disqualification of Willis or Wade from prosecution. The reason for the ruling has nothing to do with substantive LEGAL justification for his ruling, but rather that the judge is facing re-election is a conservative region. Justice and professionalism is thus sacrificed to systemic corruption. If he found no actual conflict of interest, the judge should have simply and clearly dismissed the motions.

In New York, so called "independence" of the Offices of the US Attorney for SD of New York has led to a fiasco and delay of trial because that office failed to turn over a trove of over 100,000 pages of documents requested a year ago. IF the US Attorneys' office had a legitimate reason for withholding documents, then DA Bragg's office would have been alerted. But his office was apparently surprised to learn of the handover. No doubt, as in other instances in the myriad Trump cases, many of the sensationalized pages will turn out to be copies of documents already identified or disclosed. But the petty politics that undermines confidence in the system has created a fiasco.

These are but a few examples of how degradation of the system has cast the Judicial system in a bad light and undermined confidence. It is, in my opinion, that systemic rot that enables criminal intent, as with Trump, to place unethical, incompetent, and biased individuals on courts and in positions of responsibility for operation of the judicial system. It also opens the door for Trump to make largely unfounded claims that prosecution for his crimes is a "liberal plot." It does not require that there actually BE any conspiracy, as long as confidence in the ability of the system to deliver justice is impugned.  And that is a problem that all legal professionals, whether considering themselves liberal or conservative, ought to be concerned about and work to remedy.