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Criminal justice reform consultant
Hon. Brian MacKenzie (Ret.)
Tuesday, 02 December 2025 / Published in Judicial Ethics, Law

A Judicial Landmine: Judicial Ethics Failures in Problem-Solving Courts

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The removal of a Howard County judge in 2025 establish that judicial ethics are essential to the success of problem-solving courts. A former defense attorney who once practiced in the same drug and reentry courts he later oversaw, the judge became a one-man lesson in how quickly a court can lose its credibility when ethics fail. He turned programs designed for rehabilitation into arenas of humiliation, favoritism, and coercion. His misconduct represented a complete inversion of treatment court philosophy, where procedural fairness and accountability are based upon a foundation of judicial ethics.

A Pattern of Personal Involvement

The judge blurred every ethical boundary expected of a member of the judiciary. He failed to recuse himself from at least eleven cases involving participants he had previously represented. He also engaged in ex parte contact with favored participants, personally transporting them, purchasing clothing, and arranging housing in a property owned by his wife. His actions undermined the very perception of fairness a problem-solving court depends upon. In these courts, where fairness and transparency underpin participant trust, such behavior is fatal to program integrity.

His conduct during review hearings was egregious. Witnesses reported that he demeaned, mocked, and intimidated participants. In one instance, he compared a domestic violence survivor’s trauma to “winning a Super Bowl,” claiming both produced similar “brain chemistry.” He reportedly told staff he planned to “mess with” participants to see how they would react, later boasting about his actions in open court. These remarks stripped participants of dignity and destroyed the therapeutic alliance that forms the foundation of every problem-solving court. When a judge treats suffering as spectacle, accountability becomes abuse.

This abuse and failure of judicial ethics were laid bare in his creation of a disciplinary tactic he called “Game or Jail.” Under this approach, participants could be punished collectively if one person was merely suspected of lying. He would threaten to jail the entire group—or even handcuff someone who had committed no violation—simply, he said, to “make a point.” This method of control subjected participants to public humiliation and violated the fundamental principles of due process and procedural fairness that problem-solving courts are designed to uphold.

His ethical lapses were not limited to his treatment of participants in the courtroom; they extended to his management of public resources. The judge sought unauthorized reimbursements for training expenses related to his work in the problem-solving courts. Though minor compared with his other violations, this misuse of public resources underscored the same disregard for integrity and professional boundaries that characterized his conduct on the bench.

judicial ethics in problem-solving courts

The Response

The removal order was decisive: the judge was required to resign and was permanently barred from judicial service in any form. The Court’s opinion emphasized that his behavior—marked by intimidation, bias, and humiliation—violated the Code of Judicial Conduct and undermined confidence in the judiciary. The ruling reaffirmed that treatment courts cannot succeed when led by judges who fail to model the respect and restraint the law demands.

Judicial Ethics in Problems-Solving Courts: Lessons for the Field

Problem-solving courts are built on principles of procedural justice, collaboration, and evidence-based practice. The judge’s role is not simply to adjudicate but to lead a multidisciplinary team, setting the tone for fairness and trust. When that leader acts abusively, the entire structure collapses. Participants in recovery often enter court with deep mistrust of authority; a judge’s cruelty confirms their worst fears about the justice system. This misconduct didn’t just harm individuals—it damaged the credibility of therapeutic jurisprudence itself.

The case also highlights why ethical behavior must be treated as a core competency, not a personal trait. Training in ethics, professional boundaries, and trauma-informed communication is essential for all judges presiding over treatment and reentry courts. Oversight bodies must also ensure that complaints are investigated swiftly and transparently, especially when they involve vulnerable populations under court supervision.

Restoring Trust

Treatment courts are among the justice system’s most effective tools for reducing recidivism and promoting recovery—but only when they are perceived as legitimate. The Howard County case is a stark reminder that a court’s legitimacy is built on an ethical foundation. The takeaway is simple: ethics sustain legitimacy. Without the authority that legitimacy bestows, the trust and teamwork at the core of treatment courts’ success will fail.

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Tagged under: Judicial Ethics, Judicial Misconduct, Problem-Solving Courts, Procedural Fairness, Treatment Court leadership

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