Oklahoma Judge Curtis DeLapp used his power to terrify people who appeared before him, pressing contempt charges against defense attorneys, prosecutors and even a prospective juror who brought children to court when she couldn’t find daycare. Attorneys thought it would be futile to file a complaint with the Oklahoma agency that investigates judicial misconduct because the state hadn’t filed charges against a judge for misconduct since 2004. In 2018, when the judge sent a spectator to jail for talking to her boyfriend during court, lawyers compiled a voluminous complaint alleging that DeLapp had unlawfully jailed dozens of people and fabricated a court document. DeLapp, 53, resigned and agreed never again to seek office as a judge.
DeLapp became one of at least 341 judges across the U.S. to escape punishment or further investigation in the past dozen years by resigning or retiring amid misconduct allegations, Reuters reports. Although each state has a judicial oversight agency to screen and investigate misconduct complaints, their powers are often limited. In most states, the ultimate disciplinary authority over a judge rests with other judges. Confidential justice for judges is common. At least 38 states issue private sanctions when judges misbehave. The name of the judge remains secret, and most states keep from the public details of the transgression and the discipline. This practice – New York University law professor Stephen Gillers calls it “judges judging judges” – undermines the system’s ability to prevent misconduct. Gillers said the killing of George Floyd, has fueled concerns about how judicial misconduct is handled, too. “The public has been alerted as it never has been before to the way police misconduct is concealed,” said Gillers. “The same is true for judges.” In its investigation into judicial misconduct, Reuters found at least 5,206 people who were directly affected by a judge’s misconduct.