While ethics attorneys are split over the precedent established by the Court of Judicial Discipline’s recent order sanctioning former Justice J. Michael Eakin with a $50,000 fine, the net effect of Eakin’s case is clear: Judges will need to be more conscious of their behavior away from the bench if they wish to avoid public scrutiny and potential discipline.
Eakin’s March 15 retirement from the bench, combined with the court’s March 24 opinion and order saying his sanction was “significantly reduce[d]” by his retirement, demonstrated that a jurist can receive harsh punishment for private, noncriminal conduct.
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