Posted by
NOTLEGALROADKILLYET on Sunday, September 24, 2006 8:42:33 PM
Over the last 10 days, I have heard four different people on public TV make various claims about the need for judges to be independent. Two of the folks were Justice Breyer and former Justice O'Connor on the Aaron Harber Show. The other two were lawyer opponents of judicial term limits.
While I find Justice Breyer to be a personable, well spoken, and well meaning individual, I find much not to trust in the mechanics of his execution of his responsibilities. He seems not to feel that the Constitution or
stare decisis places any leash on his judicial perogatives. That is a dangerous attitude for a judge, and for that reason his argument for judicial independence fell on my deaf ears.
It is fine to argue for an independent judiciary, but I seemed to recall that the State Supreme Court had established a judge who was anything but independent of that court.
CRCP Rule
251.16 establishes the Office of the Presiding Disciplinary Judge whose rulings can only be
appealed to the Supreme Court. The judge's budget is set by the Supreme Court. Yes, that is the epitome of judicial independence. Please save me from this argument.
-------
CRCP Chapter 20Building block posts are designed to be used in other documents.