a judge is just a lawyer who curried favor with a politician

by Macey Stroman DDS 4 min read

Can a judge be a leader in a political organization?

Dec 31, 2009 · When I learned last month that Judge Frank M. Coffin had died, I pulled a small book off the shelf and, opening it at random, came upon this passage: “In applying the term collegial to an appellate court, we are using it with maximum precision, for the judges on such a court are a small and intimate band of brothers and sisters . . ..

What did the judge say to the young lawyer?

Jul 15, 2020 · (A) Except as permitted by law,* or by Rules 4.2, 4.3, and 4.4, a judge or a judicial candidate* shall not: (1) act as a leader in, or hold an office in, a political organization;* (2) make speeches on behalf of a political organization; (3) publicly endorse or …

What happens when a jurist is wrong?

When the Judge Is Wrong. By Florence M. Johnson. "There is no such thing as the judge being wrong." This proclamation was uttered to me by—you guessed it—a judge. It's a judge's job to be right, and ultimately they wear the robes, not you. However, every litigator will eventually encounter a jurist who is undeniably flat-out wrong on an issue.

Can a jurist be wrong and wear robes?

Jan 31, 2007 · Judge Edward Lee is a former police officer who went to law school and served as a deputy district attorney before becoming a judge in …

What are the ethical obligations of judges when it comes to political matters?

(1) A judge should be faithful to, and maintain professional competence in, the law and should not be swayed by partisan interests, public clamor, or fear of criticism. (2) A judge should hear and decide matters assigned, unless disqualified, and should maintain order and decorum in all judicial proceedings.

What is unethical behavior for a judge?

Common complaints of ethical misconduct include improper demeanour; failure to properly disqualify when the judge has a conflict of interest; engaging in ex parte communication and failure to execute their judicial duties in a timely fashion. Behaviour outside of the courtroom can also be at issue.

Do judges influence public policy?

Court decisions can have a very strong influence on current and future laws, policies, and practices.

Is a judge allowed to be biased?

The Constitution is applicable to all citizens of the United States, whether defendant or judge. If a judge displays bias in any trial, as defined in the above information, he or she is not immune from having their actions examined.

Can judges do whatever they want?

Because judges have no accountability, they can do whatever they please. Judges are the only public officials with no accountability, and they want to keep it that way. The fact that we allow judges to indulge their whims is our collective shame.May 21, 2020

Do judges use ethics?

Federal judges must abide by the Code of Conduct for United States Judges, a set of ethical principles and guidelines adopted by the Judicial Conference of the United States.

What factors influence a judge's decision?

5 To Haines, the factors most likely to influence judicial decisions are: (1) "direct influences" which include: (a) legal and political experiences; (b) political affiliations and opinions; and (c) intellectual and temperamental traits; and (2) "indirect and remote influences" which include: (a) legal and general ...

What is judicial policymaking?

Judicial policymaking and related terms—judicial activism, judicial creativity, and judicial legislation—emphasize that judges are not mere legal automatons who simply "discover" or "find" definite, preexisting principles and rules, as the declaratory or oracular conception of the judicial function insisted, but are ...

Why the judicial branch is the most powerful?

The Power of the Courts

The federal courts' most important power is that of judicial review, the authority to interpret the Constitution. When federal judges rule that laws or government actions violate the spirit of the Constitution, they profoundly shape public policy.

Can judges violate constitutional rights?

Clothed with the power of the state and authorized to pass judgment on the most basic aspects of everyday life, a judge can deprive citizens of liberty and property in complete disregard of the Constitution. The injuries inflicted may be severe and enduring.

Do judges have to be lawyers?

Not all judges are lawyers. Some don't even have law degrees or have had a law job. While the majority of judges at the federal level were previous attorneys, it would be possible for the President to select a non-attorney and for the senate to approve them to become a judge.Jan 23, 2020

What happens if a judge takes a bribe?

Penal Code 92 PC is the California statute that makes it a crime for a person to bribe a judge, juror, or any person authorized to hear and determine a legal matter. A violation of this law is a felony offense punishable by up to 4 years in jail or state prison.Mar 9, 2022

Can a judge's misunderstanding be remedied?

Unfortunately, there are times when a judge's misunderstanding or misapplication of the law is material but the issue cannot be remedied via a later appeal. In these circumstances, the rules provide for an interlocutory appeal. Interlocutory appeal is a tool that circumvents waiting for the final decision of the district court, ...

Can a judge's misapplication of the law be remedied?

Unfortunately, there are times when a judge's misunderstanding or misapplication of the law is material but the issue cannot be remedied via a later appeal. In these circumstances, the rules provide for an interlocutory appeal.

What to do if you question a ruling in court?

If you question a ruling against you within court, you may ask the court's permission to brief any issue before a ruling is handed down.

How will the error affect the case outcome?

How will the error affect the case's outcome? If a ruling is in doubt, it's best to err on the side of caution: assume every ruling will have an impact on every aspect of the case, from discovery boundaries to use of expert witnesses or the manner in which evidence will be presented at trial.

What to do if a ruling is in doubt?

If a ruling is in doubt, it's best to err on the side of caution: assume every ruling will have an impact on every aspect of the case, from discovery boundaries to use of expert witnesses or the manner in which evidence will be presented at trial. Don't spend too long contemplating this one.

What is interlocutory appeal?

Interlocutory appeal is a tool that circumvents waiting for the final decision of the district court, instead allowing direct appeal to the appellate court while the action is pending. This practice point illustrates the operation of Federal Rules of Appellate Procedure 5.0, below. Rule 5. Appeal by Permission.

What is permission to appeal?

(1) To request permission to appeal when an appeal is within the court of appeals' discretion, a party must file a petition for permission to appeal. The petition must be filed with the circuit clerk with proof of service on all other parties to the district-court action.

Who was the judge in the Mercury News?

In a system in which the appellate court generally avoids criticizing the conduct of trial judges, Judge Hugh Mullin III earned the court’s criticism in more than one-third of his 31 cases that were part of the Mercury News examination. That was more than any of his colleagues.

What is the role of a judge in a case?

Judges play crucial roles throughout a case. They decide , initially, whether the case is sufficient for the defendant to stand trial. They instruct the jurors, in the end, on the law to be applied in the case, and then impose the sentence. But no role is more crucial than the judges’ handling of issues of evidence.

Who was the judge in the Santa Clara County robbery trial?

The first sign that the proceedings seemed biased against her client came when Judge Edward Lee began questioning a witness, attorney Elissa Eckman would later recall. But that hardly prepared her for what happened near the end of the Santa Clara County robbery trial.

What are the powers of judges?

The impact of their behavior can be crucial: Judges exert tremendous powers as the arbiters of the courtroom — determining what evidence to admit at trial, guiding the jury with their instructions, and setting boundaries for the prosecution and defense as thorny issues unexpectedly a rise. Often judges use those powers firmly and fairly.

Who is Edward Lee?

In California, judges at all levels must stand before voters. Judge Edward Lee is a former police officer who went to law school and served as a deputy district attorney before becoming a judge in 1991. In 1998, he presided over the case of Guerrero.

What does the jury decide?

They decide, initially, whether the case is sufficient for the defendant to stand trial. They instruct the jurors, in the end, on the law to be applied in the case, and then impose the sentence. But no role is more crucial than the judges’ handling of issues of evidence.

Did the transcript of the trial of Aleman be prepared?

No transcript was ever prepared. In September 1998, the appellate panel overturned the verdict, ruling that Edwards’ ruling had denied Aleman his constitutional right to effective cross-examination of the witnesses. Clearly, the panel said, Edwards wrongly implied that he had reviewed the witness testimony.

Who was the judge who ruled in the 1990 Supreme Court?

Kelly, an unknown and underfunded retired military judge, rocked the legal establishment by toppling an experienced, well-endorsed, and well-financed Democratic appellate judge, Fred Biery, in the 1990 Supreme Court primary.

Why does John Bickel back Tyson?

Bickel backs Tyson’s campaign with bucks because he likes the way she runs her courtroom. “She’s not a good politician as a judge; a good politician as a judge will let lawyers slide,” he says.

Who is Fred Baron?

Except in Tyson’s case. The gloves are most definitely off. Take Fred Baron, one of the top trial lawyers in the city, who pulls no punches as he jabs away at the one criticism you hear again and again: She is arbitrary and capricious. “The most important thing in law is predictability.” says Baron.

Is Rose Spector a Democrat?

Rose Spector, a decent and moderate jurist, does not deserve to lose her seat. But lose it she probably will. “Rose Spector’s greatest sin is that she’s a Democrat,” says former bar president Molly Steele. And when it comes to running for judicial office in Dallas County or statewide, that’s the biggest sin of all.