Tuesday, July 15, 2014

On the virtue of anonymous case-handling in court

I have posted in this blog enough examples of how judges openly misrepresent the record and openly refuse to follow the law in order to rule for politically connected attorneys or to punish attorneys and parties they personally dislike.


I have more documents to be posted in the near future on the same subject.


At this time, I wanted to throw into the "marketplace of ideas" just a simple idea - wouldn't it be better if court cases are decided the same way as SAT scores or bar exam scores are decided - where the applicant does not know the identity of the grader and the grader does not know the identity of the applicant?


This way, there is no incentive for the grader to appease a politically powerful applicant or to go against an unpopular or an unattractive litigant?


It is simply an idea.


I know it is imperfect.


I know it would require much to be implemented.


I know it has flaws.


But - wouldn't it be nice to eliminate the incentives to exert political influence on the court and to eliminate nepotism, favoritism and corruption from the court system, or at least to make a major step in that direction?


Of course, there will have to be public oversight over such a system, so that assignments of numbers to cases and graders to cases are truly anonymous and are not "helped" from the within.


There will have to be special rules and adjustments made then to evidentiary rules, rules pertaining to witnesses and jury trials.


But - something needs to be done with the pervasive favoritism in the court system which makes the claim that this nation is ruled by "the rule of law" a joke.

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