14 August 2004

Why the Judicial Inquiry and Review Commission and Its Ilk are Seldom Used

Since it is futile to file a complaint, few attorneys do so. They anticipate little benefit - and a potentially devastating cost.
Well, Duh!
Attorneys understand that the judge will be shown their complaint and given an opportunity to respond -- all in secret, of course. Thus, they reasonably fear that, if they appear again before the judge, they will be punished for their complaint in some subtle or not-so-subtle way.
Yep, and if you already believe a judge is ruling consistently against you because your great-great grandfather fought on the wrong side in the War of Northern Aggression you probably figure all that a complaint will do is give her a chance to better cover herself and rule more harshly against you and your clients.

While I'd like to think judges are superhuman, I've got to figure that they are actually humans like me (or at least that I wouldn't be filing complaints against those who are superhuman). I know if someone I already viewed as suspect started trying to damage or destroy my career I'd not be happy. Hopefully, I'd keep it in check but when somebody calls me an SOB in public it's not conducive to my treating him with the jocularity I might others.

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