CRJS 395 Group 3 – Moral Issues in Jurisprudence
A Circuit Court judge is scheduled to preside at a trial for Malicious Wounding and Use
of a Firearm in Commission of a Felony. The Assistant Commonwealth’s Attorney has a
solid case based on investigation and resulting evidence from veteran detectives.
The defense attorney is a former prosecutor who worked at the Commonwealths Attorney
Office with the presiding judge when he too was a prosecutor. The defense attorney has
since become one of the major political forces in the region and he was instrumental in
having his friend, the presiding judge, appointed to his current position.
The defense attorney is also known to have used his political influence to help the Chief
Prosecutor regain nomination to his office even though political party rivals attempted to
replace the Chief Prosecutor based on his alcohol abuse and past abuses of his authority.
The Circuit Court judgeship has a starting salary of $95,000.00 per year not including
benefits. One of the best benefits of the job is that judges receive three years retirement
credit for every one year that they serve as a judge. The presiding judge feels indebted to
the defense attorney. So does the Chief Prosecutor.
During opening remarks at the trial, the Assistant Commonwealth’s Attorney states that
she is prepared to proceed with the case. The Chief Prosecutor then steps forward,
relieves the Assistant of her responsibility for the case, and states that he will represent
the Commonwealth. This is a surprise to the Assistant CA and investigating officers.
The defense attorney makes a motion for dismissal based on unsubstantiated facts. The
Chief Prosecutor concurs. The judge approves the motion and the case is dismissed to the
chagrin of the Assistant Commonwealth’s Attorney and investigating police officers.
Other attorneys, court personnel and law enforcement officers observed identical
incidents involving this judge, the same defense attorney, and the Chief Prosecutor on
repeated occasions. Complaints over time appear to have been ignored due to political
influence covering them up or fear of reprisal from the politically powerful defense
attorney, the judge and the Chief Prosecutor.