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‘Twisted Logic’ on the Justices

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There is an even greater danger in an “independent judiciary”, for already our judiciary is just too independent for the public good.

1--The judiciary is NOT an organization. Each judge is a free spirit, accountable to no one. There are no lines of authority or of supervision. In General Motors or in the federal or state government, everyone reports to someone. Judges report only to the voters.

2--The judicial profession tends to be isolated and insular. Legal thinking diverges strongly from “the common law”--i.e., what the ordinary people feel is fair. Visit a dozen courtrooms, and in most cases there will be no one present except the litigants and their lawyers. How can we, the people, exercise supervision and control?

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3--If a judge is a lousy lawyer and makes numerous bad decisions, he will nevertheless have a secure job for life so long as he does not attract adverse publicity. The Commission on Judicial Performance has no authority over legal rulings. For lack of a summary appeals process, for flagrant violations of the law by judges, the victims’ only recourse is an appeal, a process that takes years and much money. Even if they win the appeal, it has no effect on the judge. In fact, the same judge may get the case back on remittitur and again make a bad ruling.

4--They claim that judges are underpaid. Not so! The people who actively seek to and become judges are those who are unable to earn as much income in private practice.

So, please do not rob us of what little control we, the people, ahve over a system badly in need of supervision.

STUART CAMPBELL

Burbank

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