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In re Hunter8/19/2002
ict attorneys testified, going to trial years later, particularly without a transcript of the first trial, works a hardship on the State when witnesses are no longer available or their memories have faded. Some of the new trials have resulted in convictions for lesser offenses, acquittals, or dismissals.
The procedural history of the Boatner case, in which the appellate court on August 14, 2002, reinstated and affirmed a conviction and sentence it had initially reversed and vacated, exemplifies the harm caused by missing transcripts, as well as the effect on the justice system of poor administration. See Note 5, supra. Without a full transcript, the defendant is denied his right to judicial review under La. Const. art. I, ยง 19. However, the State, as well as the crime victims and the public in general, are equally denied the opportunity to ensure that a lawful conviction and sentence are upheld on appeal. The court of appeal in the Boatner case ultimately deemed the conviction and sentence to be lawful, but had the missing transcript not been found at the eleventh-hour, the State would have been forced to re-try a defendant who had already been tried. Additionally, the roller-coaster ride consisting of the trial, the conviction and sentence, the delay in the appeal while the search is made for the missing tape, the reversal of the conviction and sentence, the preparation for trial on remand, the discovery of the tape, the petition for rehearing, and the reinstatement of the conviction and sentence, surely takes a psychological, as well as financial, toll on the parties involved, not to mention the justice system itself.
As the Oregon Supreme Court has explained: " he district courts of this state are, in reality, the 'People's Courts,' and for many it may be the only contact they will ever have with our courts. 'The impressions they receive serve to shape their opinion of the judicial system, our laws and law enforcement. We cannot permit that opinion to be anything but one of confidence and respect.'" Matter of Field, 281 Ore. at 637, 576 P.2d at 355 (citation omitted). For example, the negative impact of reversals based solely on missing transcripts, upon the families of the victims, is readily revealed in the testimony of Sylvia Barnes and Cheryl Thompkins Malveaux. Ms. Barnes's son Todd was killed by Irwin Clark, who was originally convicted of second degree murder and sentenced to life imprisonment, but on re-trial he was convicted of manslaughter and sentenced to twenty years in prison. Ms. Barnes stated she was angry with Judge Hunter "for doing such a poor job ." Ms. Malveaux's baby daughter was killed by Raynell Bright, who was convicted of first degree murder and sentenced to life imprisonment, but his conviction and sentence were recently reversed by the court of appeal. Ms. Malveaux commented that, "If you can't do a job, leave it to people who can." As evidenced by the widespread reporting of Judge Hunter's reversals in the local media, coupled with the negative view of the people who have actually come before Judge Hunter's court, the judge's unprofessional conduct has undoubtedly inflicted significant damage on her court in particular and the judiciary in general. Compare In re Jefferson, supra.
Moreover, harm to the administration of justice may continue to be inflicted by Judge Hunter's administrative failures. The supernumerary judge testified that the administrative problems he found in Section C are "vast" and problems are uncovered "daily." Those administrative problems, set forth in more detail in the Commission's Findings of Fact, relate to poorly organized case files, missing portions of records, poorly drafted or non-existent minute entries, numerous unsigned mot
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