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    ‘No Way’ This Is Fair: The Fight for Mistrial and Recusal in Young Thug’s Trial

    Crystal Couso
    By Crystal Couso

    The ongoing trial of famous rapper Young Thug has been defined by dramatic confrontations between Young Thug’s attorney, Brian Steel (“Mr. Steel”), and the presiding Judge Ural Glanville (“Judge Glanville”).  In May 2022, Young Thug and twenty-seven others were charged with violating Georgia’s Racketeer Influenced and Corrupt Organizations Act (“RICO”).  Although several of the other individuals who were charged took plea deals, Young Thug was one of the six defendants who was set to stand trial, maintaining his innocence.[i]  On July 21, 2023, Judge Glanville denied Young Thug bond for a third time, prolonging his almost year-long detention.  In what already seemed to be a tense courtroom environment, the ongoing conflict between Mr. Steel and Judge Glanville only heightened the tension, ultimately gaining nationwide attention and becoming Georgia’s longest and most high-profile case.

    These tensions erupted after Mr. Steel learned about an improper meeting between the prosecutors, a key witness, and Judge Glanville.[ii]  This began when Kenneth Copeland (“Mr. Copeland”), a prosecution witness, refused to testify after he was sworn in, invoking his Fifth Amendment rights.[iii]  Mr. Copeland had been granted immunity for his testimony and was not charged in the case.[iv]  By the following Monday, although Mr. Copeland agreed to testify again, Mr. Steel revealed that he had learned about the ex-parte meeting that had taken place.[v]  Mr. Steel alleged that during this meeting, Mr. Copeland reaffirmed his refusal to testify but was persuaded to do so only after being told he could be jailed if he did not cooperate.[vi]  After refusing to reveal the source that informed Mr. Steel about the meeting, Judge Glanville held Mr. Steel in contempt.[vii]  A frustrated Judge Glanville sentenced Mr. Steel to a maximum of 20 days in jail.[viii]

    In court, Mr. Steel argued that the conversation that took place was unconstitutional and that the defense should have been either present or notified.[ix]  Mr. Steel, along with a co-defendant’s lawyer, filed motions to recuse Judge Glanville from the case.[x]  Mr. Steel and Young Thug’s other attorneys also repeatedly moved for mistrials.[xi] However, Judge Glanville repeatedly denied these motions.[xii]  Ultimately, after reviewing these motions for two weeks, Judge Rachel Krause (“Judge Krause”) ruled that Judge Glanville should be recused.[xiii]

    Young Thug’s trial has highlighted the importance of impartiality in the judicial system.  In creating our government, the Framers and the ratifiers believed that a fair and impartial judiciary was central to a republican form of government.  This concept has been a cornerstone of the judicial system and is highlighted in the judicial code of conduct.[xiv]  Canon Two of the judicial code of conduct requires that a judge respect and comply with the law and should always act in a manner that promotes public confidence in the integrity and impartiality of the judiciary.[xv]  Further, Canon Three of the judicial code of conduct provides that a judge shall disqualify themselves from any proceeding in which their impartiality may be questioned.[xvi]  An impartial judge acts in a fair or unbiased manner toward all parties involved in the case they are presiding over.  Impartiality is essential to ensuring public confidence in the judicial system.  The judiciary earns the public’s trust by faithfully performing its duties, such as adhering to ethical standards and effectively carrying out responsibilities.  Accordingly, when a judge’s impartiality is called into question, it negatively affects not only the parties involved in the case but also the public’s confidence in the judicial system.

    As statistics demonstrate a continuous decrease in the public’s confidence in the judiciary, cases such as Young Thug’s demonstrate why judicial impartiality is essential to maintaining and restoring the public’s confidence in the judicial system.[xvii]  In her decision, Judge Krause noted that she still believed Judge Glanville could continue to preside over the case; however, “the ‘necessity of preserving the public’s confidence in the judicial system’ weighs in favor of excusing Judge Glanville from further handling of this case.”[xviii]  In high-profile cases such as this one, it is imperative for judges to follow the codes of conduct to preserve impartiality and maintain public confidence.

    However, Young Thug’s case has also demonstrated how a judge’s conduct can preserve public confidence and avoid any appearance of impropriety or partiality.  Following the recusal of Judge Glanville, Judge Shukura Ingram (“Judge Ingram”) was assigned to Young Thug’s case two days later.  Judge Ingram quickly requested the case be reassigned due to concerns over the appearance of impropriety.  According to Judge Ingram’s order, her former courthouse deputy had previously been romantically involved with one of the co-defendants.[xix]  The order further stated that although Judge Ingram did not believe the situation would create any actual bias, she felt it could potentially cause a person to question the court’s impartiality.[xx]  Judge Ingram noted that she recused herself to maintain public confidence.[xxi]

    The judiciary relies on the public’s trust and confidence to properly fulfill its mission and perform its function.[xxii]  Any loss in public confidence creates vulnerability and undermines the rule of law.  Judge Krause’s and Judge Ingram’s conduct demonstrated that maintaining public confidence hinges on adhering to the ethical standards set by the judicial code of conduct.  Young Thug’s case has not only captivated the public due to his fame but also highlighted the importance of the judiciary’s need to remain impartial.

     

     

    [i] See Zoe Guy, Everything We Know About YSL’s RICO Case, N.Y. Vulture (Aug. 29, 2024), https://www.vulture.com/article/ysl-young-thug-gunna-arrest-charges-explained.html.

    [ii] See Atlanta News First Staff, Young Thug Attorney Found In Contempt Files Motion To Remove Judge From Case, Calls For Mistrial, Atlanta News First (June 17, 2024, 6:18 PM), https://www.atlantanewsfirst.com/2024/06/17/young-thug-attorney-found-contempt-files-motion-remove-judge-case-calls-mistrial.

    [iii] See Joe Coscarelli, Young Thug Lawyer Clashes With Judge in Chaotic Gang Case, New York Times (June 11, 2024), https://www.nytimes.com/2024/06/11/arts/music/young-thug-brian-steel-trial.html.

    [iv] See id.

    [v] See Tim Darnell, Judge in Young Thug YSL Trial Removed From Case, Atlanta News First (July 15, 2024, 2:53 PM), https://www.atlantanewsfirst.com/2024/07/15/judge-ural-glanville-recused-young-thugs-trial.

    [vi] See Holly Bailey, Young Thug’s Attorney Held In Contempt, Ordered Jailed In Georgia Case, The Wash. Post (June 10, 2024, 7:32 PM), https://www.washingtonpost.com/nation/2024/06/10/young-thug-attorney-contempt-brian-steel.

    [vii] See id.

    [viii] See id.

    [ix] See Coscarelli, supra note iii.

    [x] See Sidney Madden, Why The Judge In Young Thug’s Trial Was Just Recused From The Case, NPR (July 16, 2024, 3:16 PM), https://www.npr.org/2024/07/16/g-s1-11030/young-thug-judge-ysl-rico-case.

    [xi] See Bailey, supra note vi.

    [xii] See id.

    [xiii] See Madden, supra note x.

    [xiv] See Code of Conduct For United States Judges, U.S. Courts, https://www.uscourts.gov/judges-judgeships/code-conduct-united-states-judges (last visited Oct. 11, 2024).

    [xv] See id.

    [xvi] See id.

    [xviii] Madden, supra note x.

    [xix] See Joyce Lupiani, Young Thug/YSL Trial: New Judge Recuses Herself Because Of Former Deputy’s Arrest, Fox 5 Atlanta (July 17, 2024, 12:14 PM), https://www.fox5atlanta.com/news/young-thug-ysl-trial-new-judge-recuses-herself-because-former-deputys-arrest.

    [xx] See id.

    [xxi] See id.

    [xxii] See Issue 2: Preserving Public Trust, Confidence, And Understanding, U.S. Courts, https://www.uscourts.gov/statistics-reports/issue-2-preserving-public-trust-confidence-and-understanding (last visited Oct. 11, 2024).

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