The tale starts last October: A Brooklyn mother, afraid she'd
lost a custody battle, was approached by a man in a municipal
building and told that with a little cash, the judge could be
persuaded to see things her way.
Flash to a hidden camera in the judge's chambers - and a lawyer
allegedly giving that judge some money and a box of Dominican
In April, Judge Gerald Garson was arrested on charges of
accepting "money and gifts in exchange for giving preferential
treatment" to him. This week, the Kings County district attorney,
Charles Hynes, brought a new bribery charge against Judge Garson. He
says more indictments are coming.
Thus begins the most recent bribery scandal in the Brooklyn
courts, one that's prompted a full investigation into judicial
corruption and into the borough's Democratic machine. Ultimately,
it's expected to overhaul judicial selection in New York, and
perhaps provide a model for reform nationwide.
"This is a typical situation where scandal creates the
opportunity for what might turn out to be a major change," says
Prof. Roy Schotland at the Georgetown University Law Center.
Watchdog groups consider Brooklyn one of America's most corrupt
judicial systems. In this most heavily Democratic borough of New
York, party control is extreme: Voters choose delegates to a
nominating convention who then pick judges; the powerful Democratic
machine usually controls the delegates. That, critics say, gives the
party almost virtual control over judge selection.
In the parochial maze of Brooklyn politics, the buzz here has
been that Democrats reward loyal service and big contributions -
qualifications or not.
But partisan election of state judges across the country is
increasingly raising alarms about political influence.
More than half of state civil-court judges and 3 of every 4 trial
judges are elected in partisan battles. The lawyers and businessmen
who donate cash to get judges on the bench may later appear before
them in court. And judicial reformers say that can lead trouble.
"It limits the independence of judges and injects politics, cash,
and partisanship into the judicial system," says Ken Jockers,
executive director of the Committee for Modern Courts, the largest
New York citizens' group bent on reforming the justice system.
In some states - Illinois, Ohio, Michigan, Texas, Alabama, and
Missouri - a vast spending increase in local judicial races, by
special-interest groups from abortion foes to the NRA, is fueling
calls to reform judge selection. …