“The entire episode reminds us of the virtues of care and patience. Four judges of stellar reputation have regrettably demonstrated that impatience and impulsiveness against which the virtue of judiciousness counsels.” So concludes a much longer editorial entitled “Judicial Patience” written by the editorial board of the New Jersey Law Journal. That board includes two former Associate Justices of the NJ Supreme Court, two former Presiding Judges of the Appellate Division, and a former Governor. It is a distinguished group of thoughtful people.
I commend the full editorial for your consideration. It is very much worth reading.
RGK
Quotable quote:
“Judicial confession of error—candidly stated—clears the air, but correction painting itself as clarification falls short.”
I think this goes along quite well with what I said in the earlier topic on this matter: https://herculesandtheumpire.com/2013/11/14/if-you-were-a-young-federal-district-judge-what-should-you-takeaway-from-the-scheindlinsecond-circuit-debacle/#comments
This just gets funnier and funnier….
As Orwell put it, “in a time of universal deceit, telling the truth is a revolutionary act.” Judges should be b____-slapped for telling the truth. Judge Gertner admitted that she was literally trained to commit federal felonies, and other judges would rather gnaw their arms off than to say that it is wrong for a fellow judge to sit in judgment of her own cause. We all know that what both ladies said is true, but judicial candor is in notoriously short supply.
“Law” and “rules” are for the little people. Appellate jurists have gotten so accustomed to being God to be restrained by them, becoming indignant when called out on their conduct.
And you wonder why our bloody train wreck of a court system deserves universal opprobrium? Even Balzac could not find the requisite superlatives. One of the last decent judges in America, the late Judge Roger Miner of the very same Second Circuit, strikes
Roger J. Miner, Judicial Ethics In the Twenty-First Century: Tracing the Trends, 32 Hofstra L. Rev. 1107, 1108 (2004) (emphasis added).
As the kids say, SRSLY?!? These are little kids playing in a freakin’ sandbox–what you always get when anyone gains power without accountability. One is left to wonder where these rodeo clowns of CA-2 acquired their “stellar reputation,” if not from the slavering sycophants of the emasculated Bar. Certainly, they are undeserving of it now.
Very good article!!!