I did not grow up in a legal background. I am not a second, third, or fourth generation lawyer. I grew up in a normal working class home. I was never indoctrinated with the virtues of lawyering. I was raised in an average American home that valued liberty, justice and fairness. Common sense guided by upbringing, not legal philosophies. This common sense upbringing has affected the way that I see the law, lawyers, judges and courts. I suppose that my lack of upbringing in the law has helped me to see opportunities for change in the court system. Franz Kafka in his book The Trial wrote: "it never occurred to the Advocates that they should suggest or insist on any improvements in the system, while - and this was very characteristic - almost every accused man, even quite ordinary people among them, discovered from the earliest stages a passion for suggesting reforms...". From the perspective of litigants lawyers and courts are seen as talking too much while understanding too little. Too frequently the forest is never considered for the over analysis of a single leaf in court. When we talk too much we obscure truth. Sometimes this is by design, others by sheer habit. I have provided on this blog 7 modest suggestions that could improve the courts. By "improve" I mean, better arrive at a just outcome. I admittedly am not focused on efficiency. I am only concerned with a better product. And to the citizen (consumer) the better product is justice and fairness.
I begin with a suggestion that judges should be limited to two terms. There is an ample pool of lawyers to draw from so there is no likelihood of running out of qualified candidates. Judges in a courtroom receive considerable attention and respect. When they enter or leave the courtroom all rise to show respect for the office and for justice. This and other signs of respect such as addressing the judge as "your honor" have sometimes confused judges into believing that it is they that are important and respected. One of the beautiful things that I have learned from volunteer service at my church is that everyone is important. I have had the opportunity to be in charge of people and activities and to later be lead by those who I once lead. Changing responsibilities and roles increased my appreciation for those who I lead and those who lead me. When a leader know they will shortly become one of the group they have a tendency to treat all with respect, knowing that those they deal with may one day have charge over them. This situation would benefit our courts as well. If all judges knew that their time to serve was limited they may be less inclined to succumb to the temptation to think themselves more important than those who appear or practice before them. The risk of abuse that comes with pride or complacency would be diminished and justice promoted.
I begin with a suggestion that judges should be limited to two terms. There is an ample pool of lawyers to draw from so there is no likelihood of running out of qualified candidates. Judges in a courtroom receive considerable attention and respect. When they enter or leave the courtroom all rise to show respect for the office and for justice. This and other signs of respect such as addressing the judge as "your honor" have sometimes confused judges into believing that it is they that are important and respected. One of the beautiful things that I have learned from volunteer service at my church is that everyone is important. I have had the opportunity to be in charge of people and activities and to later be lead by those who I once lead. Changing responsibilities and roles increased my appreciation for those who I lead and those who lead me. When a leader know they will shortly become one of the group they have a tendency to treat all with respect, knowing that those they deal with may one day have charge over them. This situation would benefit our courts as well. If all judges knew that their time to serve was limited they may be less inclined to succumb to the temptation to think themselves more important than those who appear or practice before them. The risk of abuse that comes with pride or complacency would be diminished and justice promoted.
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