Apparently a great many people have forgotten that the framers of our Constitution went to such great effort to create an independent judicial branch that would not be subject to retaliation by either the executive branch or the legislative branch because of some decision made by those judges.
The freedom to criticize judges and other public officials is necessary to a vibrant democracy.
The freedom to criticize judges and other public officials is necessary to a vibrant democracy. The problem comes when healthy criticism is replaced with more destructive intimidation and sanctions.
I'm a judge. It seemed to me that it was critical to try to take action to stem the criticism and help people understand that in the constitutional framework, it's terribly important not to have a system of retaliation against decisions people don't like.
When I went to law school, which after all was back in the dark ages, we never looked beyond our borders for precedents. As a state court judge, it never would have occurred to me to do so, and when I got to the Supreme Court, it was very much the same. We just didn't do it.
I don't know how a judge can concentrate on being fair and impartial when he or she is faced with possible jail time for making a decision that others deem incorrect.
I do not believe it is the function of the judiciary to step in and change the law because the times have changed. I do well understand the difference between legislating and judging. As a judge, it is not my function to develop public policy.
What the framers of the Constitution tried to achieve when they wrote that Constitution back in the 1700s was an independent federal judiciary. They wanted federal judges to be appointed by the president, with the advice and consent of the Senate, and to serve for good behavior.
My concerns through the years increased about the concerns of an independent judiciary and how we maintain it. Certainly in the states. I'm a product of state government in my own state of Arizona. And it seemed to me that the popular election of judges was creating major problems in many states, and we had improved the system in Arizona. And I thought the nation ought to at least rethink how we select our nation's trial judges in the states.
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