Friday, June 13, 2014
You wouldn't want a negligent surgeon to operate on your heart - why would you like a negligent judge to decide your fate?
I bet each and every attorney, at least once during his or her practice, came across judicial decisions that indicated to the reader that the judge is:
(1) incompetent;
(2) stupid;
(3) biased;
(4) is out to get you or your client;
(5) did not read the record at all and/or
(6) all of the above.
Now, a judge wields tremendous power, possibly, the most power of a governmental official.
Yes, I understand that to declare wars on nations and to pass legislation is also tremendous power.
Yet, there is no immediate feedback for legislators or executive officers, such as a judge has.
Judge enters - everybody stands up.
Judge opens his mouth, even to say something exceedingly stupid - everybody smiles and tries to make the judge understand how they liked his pearl of wisdom.
Judge humiliates a litigant in front of him - the litigant must swallow the abuse, for fear of being punished for contempt of court.
Judge writes something exceedingly stupid in a court decision, which is completely against all applicable law - why, there is a right to appeal (in some cases), so "take it up". With the concomitant costs of the transcript, the record, the filing fees and - for those who do not represent themselves - legal fees. Even though 95% of criminal appeals and, probably, 85% of civil appeals are affirmed by similarly sloppy judges who (possibly) do not even read your record, their law students/ interns do, and their clerks rubber-stamp the decision.
And that's what is commonly called "due process of law" and "access to court".
Yet, let me ask you a question.
If you are about to go under the knife and undergo a surgery - wouldn't you want your surgeon not to be negligent.
When a public servant (judges are public servants, you know, which fact they forget, instead having a "sovereign/King/Deity" complex) decides your fate - be it your regarding your property, your liberty, your divorce or custody of your children, wouldn't you want such a person to be equally diligent as a surgeon performing a surgery on you or your loved one?
Why does society does nothing EFFECTIVE to weed out charlatans and bullies in black robes?
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