An interesting side-bar to the federal suit filed by Stuart L. Stein against the Judicial Standards Commission reflects the unprofessionalism of Deputy Disciplinary Counsel Joel L. Widman and, by extension, his office. (The first lifting of secrecy by a Federal District Judge concerning the confidentiality of complaints made against judges to the Judicial Standards Commission was the subject of a December 17, 2006 post.)

Judicial Standards Commission Case

Here’s a bare-bones background: Stein made a complaint against a sitting New Mexico District Judge in late December, 2005. On December 30, 2005 Stein filed suit in Federal District Court for the District of New Mexico attacking the confidentiality of judicial complaints filed with the Judicial Standards Commission as violative of the Free Speech provisions of the First and Fourteenth Amendments to the United States Constitution.

State Judges are elected government officials. The core First Amendment Free Speech clause, if nothing else, protects the right of all citizens to openly discuss governmental matters, including how elected officials act, perform or misbehave in office. Unfortunately, the New Mexico Constitution and the Rules of the Judicial Standards Commission muzzle anyone who makes a judicial complaint - they can’t talk about even the existence of the complaint or name the judge who is the subject of the complaint.

Widman Gets Copy of Federal Case

Somehow, Widman got a hold of this federal lawsuit. Even though all federal court filings are public, how did it come to his attention? Did someone from the Judicial Standards Commission send him a copy of the federal lawsuit for the purpose of getting Disciplinary Counsel to file ethical charges against Stein to undermine the lawsuit? At this point, the truth is unknown. In any event, once he had a copy Widman was determined to use it to badger Stein. (more…)