Reference no: EM131155108

Read and answer the question that follows:

Molly McGinnis, a rape victim, was testifying in the case against her rapist, William Franks, who was charged with multiple counts of rape, oral copulation, and attempted murder. Following a jury trial where Franks was found guilty, Lincoln County Superior Court Judge Benjamin Sadler sentenced Franks to two life sentences plus 105 years to life for the various rape and attempted murder counts. Then something strange happened.

Following the conviction and sentencing, Judge Sadler, 56, who has been married for 25 years and has two grown children, invited the prosecutor, Kim Wesley, and the victim, Molly McGinnis, to his office. He complimented the victim on her trial testimony and invited both the prosecutor and Molly to join him and his family for an upcoming Jewish holiday at a local restaurant. About an hour later, Judge Sadler called Wesley's office and explained to her that because of a "conflict" in his schedule, he would have to cancel the proposed dinner plans at the restaurant. But when Molly called Judge Sadler's office to accept the invitation, Judge Sadler said that his wife was ill and that he and Molly should go ahead anyway and meet at the restaurant. Also, he said that Kim Wesley would not be joining them because of a previous commitment. He referred to his dinner plans with Molly as a "date." Subsequently, Molly began to have doubts about the dinner with the judge without his family present. She called and cancelled the dinner plans. Later, she brought the matter to the attention of Kim Wesley, and an investigation into Judge Sadler's conduct began.

The prosecutor's office subsequently alleged that Judge Sadler had violated judicial ethics by suggesting that the victim meet him at local restaurant for a date. Assistant District Attorney Michael Spandau said in a letter that "it is our opinion that Judge Sadler's conduct might have created an appearance of impropriety and might constitute a violation of the judicial ethics code. Judicial ethics rules ban a judge from using the prestige of his office to advance personal interests."

In response to these allegations, Judge Sadler's lawyer, Bruce Black, said that his client had done nothing wrong. "Judge Sadler denies everything, absolutely and adamantly. There was no impropriety or an ethical violation. I think he was trying to comfort her," Black said. Judge Sadler was transferred from the Criminal Courts Building in the city to a civil court in Brockton, a suburban community, pending the outcome of the investigation. Is this what you mean? William Frank's attorney, Erin Erickson, said that he would ask the appellate court for a new trial for his client based on Sadler's conduct.

QUESTION: Should judges ask victims to dinner following rape and attempted murder trials, even if it is with their own families? Why or why not? Was the judge wrong to invite Ms. McGinnis to dinner by himself at the restaurant and to refer to their dinner as a "date"? What ethical rules might apply in such a situation? Discuss.