Louisville Courier Journal Editorial Characterizes Judge McDonald-Burkman's Tirade Towards Cecil New 11 As "Injudicious Conduct". Read Why Below.

Editorial | Injudicious conduct

The tirade delivered by Jefferson Circuit Judge Judith McDonald-Burkman on Friday as she sentenced Cecil New II to life in prison for murder was an outrageous violation of any reasonable standard for judicial conduct.

The judge declared that by sentencing New to life in prison without the possibility of parole for sexually abusing and murdering a 4-year-old boy in 2007, the convicted killer will be surrounded by “bigger, meaner men who have nothing to lose.”

“He will fear for his life every day. He will wish this court had put him on death row,” she said. Death row inmates are kept in isolation, even to the extent of having meals alone in their cells. By putting New in the general prison population, she implies that he will be routinely in danger of abuse, rape or even death.

In a 10-minute harangue, Judge McDonald-Burkman not only invoked the specter of prison “justice,” but also that of divine retribution, saying she hoped “this sentence pales in comparison to what you will receive ultimately from up above.”

State Corrections Commissioner LaDonna Thompson essentially — and properly — rebuked the judge by quickly issuing a statement that her department “in no way condones any kind of intimate retaliation or vigilante justice.” New will be assessed by authorities to determine whether he would, among other things, be in danger if assigned to a maximum security prison.

New committed a heinous crime of unspeakable cruelty. Clearly, he deserves a severe penalty, which life in prison with no hope of release certainly represents. There is no basis for any court to show him mercy. However, the purpose of the courts is to administer justice, not to invite prison inmates to carry out acts that, among other things, are illegal.

It seems likely that in crafting her statement, Judge McDonald-Burkman was trying to protect her backside from attacks in a future election campaign that she was soft on crime. But she went far overboard. A judge's role is never to condone prison violence, which is a serious national problem. To the contrary, a judge must uphold the rule of law and support prison procedures, which include protection of targets of inmate violence.

The rules for Kentucky's Judicial Conduct Commission require that someone file a grievance to complain about judges' actions. The results, if a judge is found to have acted inappropriately, can range from a private reprimand to removal from office.

In this case, an inquiry by the commission is clearly warranted. Judge McDonald-Burkman's behavior in court last week demonstrated a temperament that is unsuited for a judge, and an attitude about the law that flouts the very justice system she is sworn to protect.

Editor's comment: She was simply being COWARDLY and trying to pander to voters at once.