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Thursday, February 15, 2007

Jan Greenburg on "Judicial Independence"

Excerpt:
...I’m skeptical about how mere criticism of judges and their rulings somehow undermines independence, and I suggest it’s somewhat disingenuous to even mention the two concepts in the same phrase or sentence. The murder of the Chicago federal judge’s mother and husband by a disturbed man who’d been before her in a medical malpractice case is horrific and chilling. But that tragedy argues for greater security for judges, not less speech from those criticizing their opinions in controversial cases. Verbal attacks on federal judges -- by congressmen or commentators or bloggers or dissenting colleagues -- is something entirely different than murderous attacks by disturbed litigants.

Judges write opinions. Judges get criticized. Judges continue writing opinions, some for the rest of their lives (i.e., life tenure). It’s called democracy.

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