A Judge claims he shouldn't be investigated for bias.

MA- Judge Raymond G. Dougan, under investigation after being accused of bias in favor of defendants during 21 years on the bench, is asking the state’s highest court to prevent investigators from questioning him about how he reached individual decisions, asserting that judges should not have to reveal their inner thoughts about cases to anyone.

It is believed to be the first time in the 34-year history of the Commission on Judicial Conduct that a judge under investigation has challenged the agency’s authority, raising fears among advocates of open government and hopes among judges who believe the Dougan investigation threatens the independence of all judges.

If Dougan prevails, it could hamper future investigations into whether a Massachusetts judge is impartial on the bench.

A lawyer for Dougan, first justice of the Boston Municipal Court division that covers much of downtown, told the Supreme Judicial Court Monday that Dougan should not have to provide notes or answer questions about his reasoning in dozens of cases the commission is reviewing for evidence that he habitually disregards evidence of guilt and hands out inappropriately light sentences to criminals.

The broad inquiry “runs the risk of transforming a misconduct investigation into an audit of Judge Dougan’s entire career,’’ Dougan’s lawyer, Michael B. Keating, wrote in a legal brief for the hearing Monday. He said a judge’s thoughts should remain private, just like the deliberations of a jury.

But J. William Codinha, the special counsel leading the year-long investigation of Dougan, said it would set a bad precedent to allow Dougan to escape questioning. In a state where judges are appointed for life and do not have to retire until age 70, said Codinha, the commission is the only agency that can hold judges accountable for their actions.

If Dougan succeeds, “no sitting judge need ever remain truly impartial, for he may not be asked under oath if he is, and any improper bias or influence can remain safely concealed,’’ Codinha wrote in his memo to the court.

MACDL Court Filing: http://www.macdl.com/Resources/Documents/Memorandum.pdf

http://www.boston.com/news/local/massachusetts/articles/2012/04/06/judge_raymond_g_dougan_asks_supreme_judicial_court_to_block_state_probe_of_his_alleged_bias/

http://www.boston.com/news/local/massachusetts/articles/2011/04/17/boston_judge_known_for_leniency_faces_complaint/

http://www.boston.com/news/local/massachusetts/articles/2011/04/20/suffolk_da_files_report_alleging_jurists_bias/