Judicial Temperament
Steve Benen points us to an example of how NOT to demonstrate it:
A liberal-bashing book by a veteran St. Louis judge is to become available publicly this week, but it is already causing a stir in political and legal circles — and prompting some to say it could cost him his job.Chapter 1 of Circuit Judge Robert H. Dierker Jr.'s book, "The Tyranny of Tolerance: A Sitting Judge Breaks the Code of Silence to Expose the Liberal Judicial Assault," has circulated via e-mail since last month and been widely read in legal circles, lawyers and judges say.
The sentiments expressed in that chapter, which frequently uses the term "femifascists" and is titled "The Cloud Cuckooland of Radical Feminism," have already prompted a complaint with the state body that can reprimand or remove judges.
. . . The first chapter was heavily discussed at the recent holiday party for the Women Lawyers' Association of Greater St. Louis. One judge who attended noted, "Everyone's just pretty much shocked." Association President Lynn Ricci said, "I have read it. I find it disturbing." She also said, "I frankly think that it is a shame that this very smart man has lowered himself to name-calling."
Heh, yes that is a shame isn't it? I assume he is planning a careeer as a Right Wing radio talk show host but I could be wrong.
Dierker responds that he is always fair in the courtroom, and paraphrases the book: "Conservative judges are much more likely to know where their biases are and how to draw the line."
This does not help:
Although Dierker's book could become available this week, the official rollout comes next Tuesday on conservative TV host Bill O'Reilly's show. Dierker also says he has appearances scheduled on other radio and TV programs across the political spectrum. . . . Dierker said that he had to be "polemical" in the book to get attention, and said "controversy is inevitable." But, he said, the controversy may draw attention to an issue that is permeating the law and the judiciary. "If I wrote a law review article, who would read it?" he asked. "I think unquestionably, the more controversy, the more interest it generates from the mundane to the philosophical," he said.
I suppose this will be deemed repression of free speech, but I really do think judges have to rein it in. Judge Richard Posner has been way over the line as well, altough in entirely different ways, recently.
Suffice it to say that I will never be a judge. And I am not sure that this gentleman wants to be one either.
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