Judicature

A forum for fact and opinion relating to all aspects of the administration of justice and its improvement. Contains articles, news, and letters related to legal field.

Articles from Vol. 92, No. 1, July/August

A Humanist View
A humanist view The just, by Paul Ricoeur, translated by David Pellauer. The University of Chicago Press, 2000. 192 pages. $24 ($14 paper).by Jim BrosnahanReading Paul Ricoeur's The Just made me wonder whether the gap between philosophers and judges...
American Bar Association 2007 Model Code of Judicial Conduct
RULE 2.11 Disqualification(A) A judge shall disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to the following circumstances:(1) The judge has a personal bias or...
An Extraordinary Honor
It has been an extraordinary honor for me to serve this past year as President of the American Judicature Society. AJS is a truly exceptional organization of individuals who are passionate not only about making the American legal system more fair and...
An Invaluable Tool
An invaluable tool Judicial Disqualification: Recusal and Disqualification of Judges, Second Edition, Richard E. Flamm. Banks and Jordan. 2007. 1,208 pages. $220.by Cynthia GrayIn every case, a judge has to determine not only if she is disqualified on...
"Best Practices" for Federal Judicial Selection
Good faith implementation of the ABA's Judicial Nomination Task Force recommendations would mitigate some of the worst excesses of the ideological battleground that has defined our federal judicial selection process for far too long.The upcoming presidential...
Current Disqualification Issues
An edited transcript of the American Judicature Society annual meeting program on August 10, 2007ParticipantsSherri R. Carter, District Court Executive and Court Clerk, U.S. District Court for the Central District of California.Honorable Julie Conger,...
Fiction or Fact?
Fiction or fact? The Appeal, by John Grisham. Doubleday. 2008. 368 pages. $27.95by Malia ReddickThis is a test. Each of the following pairs of scenarios characterize a recent state supreme court election and the high court race depicted in John Grisham's...
Internet Theft Is Avoidable
If the private sector cannot protect their sensitive information, citizens will turn to the courts. But internet theft easily can be avoided.The number of recent, major breaches of computer security is alarming. Despite all the publicity, the situation...
Introduction: Taking Disqualification Seriously
Numerous news stories in the last several years have brought the importance of an impartial judiciary to the public's attention in a very vivid way. Most recently, for example, in the case against the Jena Six, one state judge found that the statements...
Invigorating Judicial Disqualification Ten Potential Reforms
The time has come for all courts-and particularly lected courts-to take active measures to estore public trust. Without a meaningful response to legitimate concerns induced by their own campaign-related behavior, judges cannot expect the public to rise...
Projects by AJS, Others, Seek to Foster Understanding of the Justice System
According to a 2005 Harris Interactive poll commissioned by the American Bar Association, only 55 percent of Americans could correctly identify the three branches of government, and only 48 percent could describe the core functions of the judicial branch....
Survey of Hawaii Judges Explores Disqualification and Recusal Issues
In June 2006, the Hawaii Chapter of the American Judicature Society convened the Special Committee on the Judiciary, Lawyers and the Issue of Conflicts in the Judicial System. The 15-member committee, which included five judges from different Hawaii...
Taking Disqualification Seriously
by the ABA JUDICIAL DISQUALIFICATION PROJECTIn 2007, the American Bar Association's (ABA) Standing Committee on Judicial Independence(SCJI) received an Enterprise Fund Grant from the ABA to undertake a project on judicial disqualification. The resulting...
Veterans Court in Session in Buffalo
Veterans returning from Iraq and Afghanistan too often carry burdens such as post traumatic stress disorder and depression that can lead to substance abuse or domestic violence issues and increased difficulty in adjusting to civilian life. Many jurisdictions...
Washington Committee for Ethical Judicial Campaigns
In 2006 the State of Washington joined a growing list of states subjected to expensive, bitter judicial campaigns, often fueled by huge third-party campaign contributions. Nearly $3 million was invested in campaigns for seats on the Washington Supreme...