| Copyright 2007 National Judicial Conduct and Disability Law Project, Inc. |
The Connection Between Judicial Reform
and
Federal Whistleblower Protections
by
Michael McCray, Esq.
$40,000,000 Whistleblower
For federal workers to have effective civil rights
and whistleblowing protections, there must be
meaningful judicial reform. The current system,
and
Federal Whistleblower Protections
by
Michael McCray, Esq.
$40,000,000 Whistleblower
For federal workers to have effective civil rights
and whistleblowing protections, there must be
meaningful judicial reform. The current system,
as it stands, actually promotes federal sector discrimination and corruption. Why . . . ? Because federal
managers realize there is no measurable benefit to following the law. In fact the substantial benefits accrue
to managers who actually go along with, ignore, or cover up federal lawlessness. Eventually federal
managers learn that even if they discriminate or violate the law, they don’t have to pay attorney fees
because they will be represented by U. S. Attorneys for free; federal courts nearly always side with the
government (2% chance of loss); and even in the off chance they lose – they won’t have to pay the judgment
(the federal government pays). Therefore, there is no significant downside for discriminating or violating the
law.
Perversely, the real incentive lies in going along with federal managers in discriminatory schemes or
assisting in covering up acts of discrimination or violations of law. That’s one way federal managers join the
“club”. If you participate in, or cover up injustice – the system owes you one; a reward you will receive either
through cash bonuses, career advancement, or a free pass for your own misconduct. What’s worse is, if you
actually tell the truth, or refuse to play along with the crime or the cover-up, you brand yourself as an
outsider and subject yourself to similar mistreatment – so why would anyone want to do that?
We all like to think that Judges are wise oracles, dispensing justice while sitting on high – but the reality is
that judges are no more than lawyers in robes. They may be the best of the worst, but all lawyer jokes still
apply. A fundamental problem is the relationship between federal judges, the U. S. Attorney’s Office and the
Executive Branch. The idea is that federal judges, due to their lifetime appointments, will uphold the law and
the Constitution (never being swayed by political considerations). Unfortunately the truth is that district
judges want to be appellate judges, and appellate judges want to be supreme court judges. The President
and Justice Department have influence in making these determinations. Moreover, federal judges are
represented by U. S. Attorneys when they face judicial complaints. It is little wonder that U. S. Attorneys and
the Attorney General violate professional and federal court rules at times with impunity when other attorneys
would get disbarred for the same action. It can seem as though no federal judge will enforce the rules
against Justice Department lawyers, especially not in an individual civil rights or civil liberties case.
In the end, when federal managers don’t follow the law, U. S. Attorneys don’t enforce the law, and federal
judges don’t uphold the law; what have we become? In effect, there is no real incentive for federal managers
to follow the law or refrain from discrimination. This malfeasance will only stop when federal managers
respect the consequences of violating the law, more than they fear disenfranchisement from the good ol
boys network.
managers realize there is no measurable benefit to following the law. In fact the substantial benefits accrue
to managers who actually go along with, ignore, or cover up federal lawlessness. Eventually federal
managers learn that even if they discriminate or violate the law, they don’t have to pay attorney fees
because they will be represented by U. S. Attorneys for free; federal courts nearly always side with the
government (2% chance of loss); and even in the off chance they lose – they won’t have to pay the judgment
(the federal government pays). Therefore, there is no significant downside for discriminating or violating the
law.
Perversely, the real incentive lies in going along with federal managers in discriminatory schemes or
assisting in covering up acts of discrimination or violations of law. That’s one way federal managers join the
“club”. If you participate in, or cover up injustice – the system owes you one; a reward you will receive either
through cash bonuses, career advancement, or a free pass for your own misconduct. What’s worse is, if you
actually tell the truth, or refuse to play along with the crime or the cover-up, you brand yourself as an
outsider and subject yourself to similar mistreatment – so why would anyone want to do that?
We all like to think that Judges are wise oracles, dispensing justice while sitting on high – but the reality is
that judges are no more than lawyers in robes. They may be the best of the worst, but all lawyer jokes still
apply. A fundamental problem is the relationship between federal judges, the U. S. Attorney’s Office and the
Executive Branch. The idea is that federal judges, due to their lifetime appointments, will uphold the law and
the Constitution (never being swayed by political considerations). Unfortunately the truth is that district
judges want to be appellate judges, and appellate judges want to be supreme court judges. The President
and Justice Department have influence in making these determinations. Moreover, federal judges are
represented by U. S. Attorneys when they face judicial complaints. It is little wonder that U. S. Attorneys and
the Attorney General violate professional and federal court rules at times with impunity when other attorneys
would get disbarred for the same action. It can seem as though no federal judge will enforce the rules
against Justice Department lawyers, especially not in an individual civil rights or civil liberties case.
In the end, when federal managers don’t follow the law, U. S. Attorneys don’t enforce the law, and federal
judges don’t uphold the law; what have we become? In effect, there is no real incentive for federal managers
to follow the law or refrain from discrimination. This malfeasance will only stop when federal managers
respect the consequences of violating the law, more than they fear disenfranchisement from the good ol
boys network.
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