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BrianMaidaFirstEssay 5 - 05 Jun 2016 - Main.EbenMoglen
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META TOPICPARENT | name="FirstEssay" |
| | To this point, more federal judges have died while active than all other reasons for termination combined. Potential solutions include an independent committee, free of political influence, to monitor judges’ mental acuity. Maybe the “senior-status” judges can reach, resulting in a reduced workload and more clerks, can become involuntary. But at a bare minimum, judges at an at-risk age for dementia should be required to undergo mental medical testing. Even if dementia’s effect on justice in this country is rare, it is irresponsible to let it happen in any capacity because, to defer to Judge Weinfeld, "there are no small cases."
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> > | This draft is improved
by the presence of some data, although in the end, as you say, what
you proved was that we continue to appoint as federal judges people
with decades of experience in practice, and they live longer,
remaining productive on the whole far beyond the working lifetime of
most citizens.
Now, the argument has been reduced to dementia. About this, you
have no data. That we have no documented difficulty with the
incompetence of federal judges, and no specific problem arising from
dementia, seems not to deter your presentation. You think that
monitoring of judges' mental health doesn't exist, for some reason.
You don't discuss how retirement actually happens among federal
judges, how senior status works, how assignment committees in the
judicial districts function. You don't know about the fact that
lifetime wages is one part of the judicial deal, and no survivor's
pension to spouses is another, thus making senior status (which
results in the appointment of a replacement full-time judge) the
real arrangement you think doesn't exist and need to cast aspersions
on judges' capacities in order to lobby for.
I don't think there's more to be done here, but if there were it
would lie in taking the step that reporters are required to take and
lawyers find professionally hard: really understanding both the
facts and the other side.
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