Collateral Consequences: Phiadelphia Judge Unseated Over 1984 Conviction

When we talk about the collateral consequences of conviction - sometimes known as civil disabilities - we rarely are able to see the costs to someone who actually does put her life together.  (Mostly, these consequences function to stop people from becoming highly successful.)  Yesterday, the Pennsylvania State Supreme Court removed Philadelphia Municipal Judge Deborah Griffin  from the bench because of her 1984 federal conviction for using a false Social Security number.  Using this number, she had successfully applied for credit.  (Interestingly, she paid her bills on these fraudulently obtained cards.)  Subsequently, she attended law school at the University of Missouri and later became a member of the Pennsylvania bar.  (Apparently, she failed to disclose this conviction on her PA bar application. ) 

The Court's decision made sense under the law (which forbids those committed of infamous crimes from serving on the bench).  And there are some very good reasons to expect the highest standards from the judiciary.  But it is also true that Griffin's story is quite complicated.  Since the mid-1980's, she seems to have readically turned her life around.  None of this may excuse her offense, but closer scrutiny of her case suggests - as is so often the case - that not all criminal acts have identical moral culpability.  Unfortunately, collateral sanctions provisions - which also include things like felon disenfranchisement, loss of the right to live in public housing, and loss of the ability to get various forms of professional licenses - rarely account for the details of an offender's offense. 

Here, at least, it's easy to see the justification for the sanctions.  But, for example, if she were stripped of the right to be a hair dresser or cab driver - sanctions she probably faces to this day in many jurisdictions - I'd have serious doubts.  This is why many collateral sanctions should only be imposed after a full hearing.  Whether or not we formally call them punishment, that's what they are.  And they should be treated as such.

Comments

[Daniel C.]

I think that even beyond accounting for the moral culpability, we should also examine the continuing effects of collateral disabilities, as your first sentence suggests, on those who have put their lives together. If we're trying to rehabilitate, we should curtail collateral sanctions when necessary to allow a continuation of reformation. Preventing someone from gaining any meaningful, legitimate employment (like the cab driver or hair dresser) could well prevent a reformation from a life of crime.

[Alice Ristroph]

On so-called collateral consequences in the specific context of convictions for sex offenses, Jenny Roberts has a great new article in the Minnesota Law Review:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1103172

[Thomas Johnson]

I agree with the non-disclosure issue on the Bar application because white-collar crimes impede offenders from obtaining their law license. But, this case is extraordinary because the Judge turned her life around. I, myself have a similar situation. In 1990, I was falsely arrested for 1st Degree Murder, in 1991, I was falsely convicted of voluntary manslaughter (ineffective assistance of counsel and subsequent judge recusal on appeal, etc) and compelled to serve 10 years in prison (1990 -2000) . While incarcerated, my family paid for college courses and subsequent to my release, I went on to get my B.S. and M.S. from a reputable Philadelphia university. I then went on to teach at a local university and my conviction was raised after I was hired as an Adjunct Professor. This is my first adult conviction and I have been married with a family for the last eight years with out incident. My final appeal was ruled as moot because I was released. I am currently trying to get admitted to law school. My conviction does not preclude my admission to law school or to take the bar. How long will this false conviction be used in a derogatory way against me? What happened to restorative justice?

[Thomas Johnson]

I agree with the non-disclosure issue on the Bar application because white-collar crimes impede offenders from obtaining their law license. But, this case is extraordinary because the Judge turned her life around. I, myself have a similar situation. In 1990, I was falsely arrested for 1st Degree Murder, in 1991, I was falsely convicted of voluntary manslaughter (ineffective assistance of counsel and subsequent judge recusal on appeal, etc) and compelled to serve 10 years in prison (1990 -2000) . While incarcerated, my family paid for college courses and subsequent to my release, I went on to get my B.S. and M.S. from a reputable Philadelphia university. I then went on to teach at a local university and my conviction was raised after I was hired as an Adjunct Professor. This is my first adult conviction and I have been married with a family for the last eight years with out incident. My final appeal was ruled as moot because I was released. I am currently trying to get admitted to law school. My conviction does not preclude my admission to law school or to take the bar. How long will this false conviction be used in a derogatory way against me? What happened to restorative justice?

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