4.428 — INFLUENCING JUDICIAL OFFICERS

Violations of "Statute 4.428" results in a Class D Felony

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(a) Definitions

Influencing judicial officers refers to any attempt, whether successful or not, to improperly sway, alter, or affect the decision-making, rulings, or behavior of a judge or judicial officer through threats, coercion, bribery, intimidation, undue pressure, or personal influence.

A judicial officer includes, but is not limited to:

• Judges, magistrates, or justices of any court

• Judicial clerks or assistants involved in the drafting or review of rulings

• Any individual responsible for rendering legal judgments or sentencing decisions within a court of law

Improper influence may include:

• Offering money, gifts, favors, or other incentives in exchange for a favorable ruling

• Threatening or harassing a judge or their family

• Attempting to use personal, political, or organizational relationships to gain preferential treatment

• Repeated unsolicited contact with intent to pressure, manipulate, or interfere with legal decisions

(b) Elements

To establish a violation of this statute, the prosecution must prove beyond a reasonable doubt that:

• The defendant knowingly attempted to influence a judicial officer’s official duties or decisions

• The influence was attempted through bribery, threat, intimidation, coercion, harassment, or personal leverage

• The defendant's actions were intentional and directed at affecting a current or future legal matter, case, or ruling

• The judicial officer was acting in their official capacity at the time of or in relation to the attempted influence

The offense does not require the influence attempt to succeed; the attempt alone is sufficient to warrant prosecution.

(c) Defenses

Defenses to a charge under this statute may include:

• Lack of intent: The defendant’s actions were not intended to influence but were instead part of routine communication or a misunderstanding.

• Constitutionally protected speech: The defendant was lawfully expressing disagreement, criticism, or protest without the use of threats or bribes.

• No official capacity: The person allegedly influenced was not serving in a judicial role at the time, or the matter was unrelated to any case or judicial proceeding.

• False accusation: The charge resulted from a misinterpretation of actions or was made with malicious intent by a third party.

(d) Aggravating Factors

Aggravating circumstances that may lead to increased penalties or enhanced scrutiny include:

• The attempt to influence occurred during an active or high-profile case

• The method of influence involved threats of violence, exposure, or blackmail

• The judicial officer or their family was placed in fear for their safety

• The defendant has a prior record of judicial interference, bribery, or obstruction

• The attempt undermined public confidence in the judiciary or led to actual disruption in legal proceedings