Well folks, buckle up because we’ve got a real doozy of a story for you. So, there’s this judge, David Boynton, who retired from the bench and then hopped right over to a job in the prosecutor’s office. One case in particular that he presided over involved a student who shot and nearly killed another student in a bathroom. Boynton ruled on this case while the prosecutor, John McCarthy, sat in the front row. Defense attorneys are saying that this job switch violates Maryland rules, and even experts on judicial ethics think Boynton should have recused himself once the job discussions started. I mean, come on people, it’s not rocket science here.

National experts on judicial ethics are calling this situation “pretty shocking.” Like, have you ever heard of anything like this? Neither have they. And it’s not just the experts – people are concerned about the lack of transparency and public confidence in the judiciary. Boynton and McCarthy are supposed to be promoting “public confidence in the independence, integrity, and impartiality of the judiciary.” But with this little job switcheroo, they’re not exactly inspiring trust.

So, what’s the plan now? There are four legal challenges, including one that seeks copies of communications between Boynton and McCarthy about the job. And who has the fun job of handling these cases? None other than Prince George’s Senior Judge Leo Green Jr. Who will be keeping us updated on May 3. Montgomery is Maryland’s most populous county, so hopefully, they’re taking this case pretty seriously.

Before all this went down, Boynton said through a court system spokesman that he’d done nothing wrong. Talk about denial. “We are confident that Judge Boynton’s upcoming retirement and transition to the new position with the State’s Attorney’s Office (SAO) did not interfere with due process in any past, pending, or new cases,” said Bradley Tanner, the spokesman for Maryland’s Administrative Office of the Courts. Oh sure, everything’s just peachy.

McCarthy, for his part, says that Boynton first expressed interest in joining his office on Nov. 17. And he just couldn’t resist bringing on a big shot like Boynton to be his new director. Everyone in the courthouse knew about it, right? Well, not exactly. The Bar Association of Montgomery County and the local public defender’s office both said they didn’t know about Boynton’s job discussions. Hmm, no one smells anything fishy here?

Now, I’m not a legal expert, but this whole job switch thing seems pretty avoidable to me. Laura Kelsey Rhodes, a defense attorney in the county, agrees. “We’re in the midst of a national upheaval over the unfairness of our criminal system,” she said. “Why wasn’t it an easy choice to simply recuse himself from all criminal cases?” Yeah, that’s a good question.

McCarthy has been the county’s top prosecutor since 2006 and he even won his last election by a landslide. But back in the fall of 2022, he knew he’d need to replace the chief of his Major Crimes Division. Enter Judge Boynton, who apparently expressed an interest in coming back to the office. Before you know it, he’s being introduced as the new director of the office’s Felony Trial Division. And just like that, everyone in the courthouse knows Boynton’s moving over to the prosecutor’s office. Except, of course, the defense attorneys.

So, how have Boynton’s rulings held up? According to a review, they’ve been pretty consistent with his career. But courtroom ethics experts say that’s not really the point. Rules for disclosure are all about avoiding even unconscious bias in favor of the future employer. Boynton should have been transparent from the get-go and let everyone know what was going on.

Boynton did issue one key order in a complicated but stalled case he’d long overseen. But he knew that defense attorneys were starting to question his job switch, and that’s concerning. On the bright side, he did eventually recuse himself from a violation-of-probation case. But that didn’t really make up for his lack of transparency.

So, where do we go from here? Michael Beach, Montgomery’s head public defender, has filed court papers seeking documents from both Boynton and McCarthy to assess how far back their job discussions went. But McCarthy says that’s going too far back. However, he’ll agree to new hearing requests for cases that went before Boynton after Nov. 17. As for the new Felony Trial Division chief? McCarthy says Boynton has exceeded all his expectations. So, I guess that’s something.

Serious News: washingtonpost