Law in Contemporary Society

View   r5  >  r4  ...
BrianMaidaFirstEssay 5 - 05 Jun 2016 - Main.EbenMoglen
Line: 1 to 1
 
META TOPICPARENT name="FirstEssay"
Line: 61 to 61
 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."

Added:
>
>
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.

 
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

Revision 5r5 - 05 Jun 2016 - 14:39:30 - EbenMoglen
Revision 4r4 - 20 Apr 2016 - 18:17:38 - BrianMaida
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM