I had an investigator pose an interesting question. Here is the scenario: plaintiff applies to a JP for a writ of garnishment to secure several thousand dollars from the defendant's bank account. JP refuses to sign the writ AND allegedly notifies the defendant who is a good personal friend. Defendant promptly empties the bank account so that when the writ, signed by a different JP, is served there is nothing to garnish.

I think a reasonable case could be made that our JP acted in an unethical manner, but is there any applicable criminal offense? I couldn't think of any right off hand. Anyway, perhaps the experienced prosecutors on this forum can provide some answers. Thanks,

Janette Ansolabehere

It could be a stretch, but "Impersonating a Public Servant" (PC 37.11) comes to mind! I would certainly refer the incident to the Judicial Conduct Commission, since it appears that the JP has violated at least two of the Canons. You might be able to proceed under PC 38.16 (Preventing Execution of Civil Process), but that seems problematic because the civil process ultimately occurred, and it's only a class C.

A crime may be hard to make, but a report to the commission on judicial conduct is an ethical imperitive by any lawyer with knowlege of the misconduct.