Judges Behaving Badly: Judicial Misconduct and a Threat to Rights

Abstract

Unethical behavior among US judges, including sexual misconduct and other forms of discriminatory behavior, is becoming increasingly publicized. These controversies are particularly concerning given the important role judges play in shaping policy pertaining to individual rights. We argue that types of misconduct serve as a signal to the public about potential threats judges may pose to people, particularly groups of people who are marginalized. We use a survey experiment that introduces a judge who has engaged in misconduct to measure if the type of misconduct will influence attitudes on whether the judge poses a threat to the rights of women, racial minorities, and ethnic minorities. Interestingly, we find that judges accused of discriminatory misconduct toward one group are viewed as a threat to rights across the board and are seen as less able to rule fairly on matters pertaining to marginalized people more generally.