Comments on: Judge Michael Heavey Answers Complaint He Abused Office By Speaking Out On Amanda Knox Case http://www.grahamlawyerblog.com/2010/07/05/judge-michael-heavey-answers-complaint-he-abused-office-by-speaking-out-on-amanda-knox-case/ The perspective of a defense attorney Tue, 07 Feb 2012 09:58:25 +0000 hourly 1 http://wordpress.org/?v= By: Paul http://www.grahamlawyerblog.com/2010/07/05/judge-michael-heavey-answers-complaint-he-abused-office-by-speaking-out-on-amanda-knox-case/#comment-315 Paul Thu, 08 Jul 2010 09:40:09 +0000 http://www.grahamlawyerblog.com/?p=1956#comment-315 This is a thoughtful article Steve and your point about Aung San Suu Kyi is a good one. Indeed, the CEO of the Commission that has charged Judge Heavey herself publicly supported efforts to free Roxana Saberi, the young Iranian-American woman who was imprisoned in Iran. Don't get me wrong. I believe she had every right to call for Saberi's release and heartily applaud her for doing so. But surely what she did was not all that different than what Judge Heavey did. Both were decrying what they saw as injustices experienced by young American women in a foreign country. The charges against Judge Heavey feel to me like bureaucratic overreach. I hope common sense prevails. This is a thoughtful article Steve and your point about Aung San Suu Kyi is a good one. Indeed, the CEO of the Commission that has charged Judge Heavey herself publicly supported efforts to free Roxana Saberi, the young Iranian-American woman who was imprisoned in Iran. Don’t get me wrong. I believe she had every right to call for Saberi’s release and heartily applaud her for doing so. But surely what she did was not all that different than what Judge Heavey did. Both were decrying what they saw as injustices experienced by young American women in a foreign country.

The charges against Judge Heavey feel to me like bureaucratic overreach. I hope common sense prevails.

]]> By: Joseph Bishop http://www.grahamlawyerblog.com/2010/07/05/judge-michael-heavey-answers-complaint-he-abused-office-by-speaking-out-on-amanda-knox-case/#comment-314 Joseph Bishop Wed, 07 Jul 2010 12:07:11 +0000 http://www.grahamlawyerblog.com/?p=1956#comment-314 The state of Washington Code of Judicial Conduct web page list a lengthy history of specific decisions -- mostly judges seeking prior approval of actions. I can't find even one decision that speaks to the issue of how the rules apply to courts in foreign lands. As best I can tell they almost certainly apply to "high quality" courts such as in Europe or Canada, but probably not at all to places like North Korea or Iran. A useful hypothetical: Suppose a judge had a large extended family in an African or Asian Nation that was in turmoil. Perhaps the judge was highly respected in his native land for his successful career in America. No one would object if the Judge used the prestige of his office to prevent a genocidal massacre. It could happen. The intent of the legislation is clearly not to interfere with such an action. It follows that the quality of the judicial system can determine how the judge may act in intervening. If the Judge were to argue that the Italian system was so deficient that he had a right to act, there are many arguments he could make. Judge Heavey argues that he was engaging in a legitimate activity which had the ancillary effect of aiding Amanda Knox. The judge is allowed to engage in a dialog intended to improve the law overall or to address deficiencies in another courts implementation of the law. The state of Washington Code of Judicial Conduct web page list a lengthy history of specific decisions — mostly judges seeking prior approval of actions. I can’t find even one decision that speaks to the issue of how the rules apply to courts in foreign lands. As best I can tell they almost certainly apply to “high quality” courts such as in Europe or Canada, but probably not at all to places like North Korea or Iran.

A useful hypothetical: Suppose a judge had a large extended family in an African or Asian Nation that was in turmoil. Perhaps the judge was highly respected in his native land for his successful career in America. No one would object if the Judge used the prestige of his office to prevent a genocidal massacre. It could happen. The intent of the legislation is clearly not to interfere with such an action. It follows that the quality of the judicial system can determine how the judge may act in intervening. If the Judge were to argue that the Italian system was so deficient that he had a right to act, there are many arguments he could make.

Judge Heavey argues that he was engaging in a legitimate activity which had the ancillary effect of aiding Amanda Knox. The judge is allowed to engage in a dialog intended to improve the law overall or to address deficiencies in another courts implementation of the law.

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