Time To Conclude U.S. Courts Are Ethically Bankrupt?

Four federal judges acted to cover up one of the worst judicial misconduct scandals in U.S. history. None were disciplined under the Court's system of self-policing.

Former Judge David R. Jones

It is the biggest scandal to hit the U.S. court system in years.

And it is undisputed that four judges tried to cover it up.

Yet none of them has faced any consequences for violating federal judicial ethics rules.

Meanwhile, Jackson Walker, the Texas law firm where former U.S. Bankruptcy Judge David R. Jones’ paramour, Elizabeth Freeman, worked as a partner, failed Tuesday to resolve a demand from the U.S. Justice Department to claw back $11 million in fees awarded by Jones in at least 26 cases. A trial date now will be set.

An investigation found probable cause that Jones violated seven canons of the Code of Conduct for United States Judges when he failed to disclose his relationship with Freeman and approved more than $1 million in fees related to work Freeman’s work on bankruptcy cases.

The relationship benefitted Jones financially because he and Freeman co-owned a house, and she co-paid property taxes on the dwelling. It helped Freeman, who earned $750 per hour, land multi-billion cases. Jackson Walker benefitted by serving as local counsel to Kirkland & Ellis, the world’s largest law firm by revenue, which brought many of its biggest cases to Jones’ Houston courtroom.

Jackson Walker has to defend its conduct, but apparently not the powerful federal judges who effectively enabled the scam by sealing it from public view.

The predictable result of a system of self policing.

Judges are no different from police officers or doctors; they are pressured to overlook and abet misconduct by their peers. When a complaint is filed, the vast majority are dismissed by chief circuit judges with vested interests in the matter.

There is NO independent review of judicial misconduct complaints.

The Jones case could not be ignored because it was explosive and damning to the bankruptcy court system. Hundreds of Jones’ cases had to be transferred to other judges, and every decision he issued involving Jackson Walker came under scrutiny.

Jones’ relationship with Freeman became public solely because a disgruntled litigant, Matthew Van Deelen, 74, a one-time math school teacher, refused to take “no” for an answer.

In 2021, Van Deelen received an anonymous letter stating Jones issued favorable ruling in cases involving Jackson Walker because Jones was romantically involved with Freeman, a partner at the firm. Van Deelen had lost a $146,541 share in an oil company when Jones signed off on a bankruptcy plan proposed by Kirkland & Ellis.

Four Judges; Four Cover-Ups