Federal magistrate Judge John Facciola is no stranger to controversy, and like any self-respecting Brooklynite, not a bit reluctant to tug on Superman’s cape when it’s the decent thing to do. Though he professes difficulty remembering events as far back as passing the bar exam, he perfectly recalls the responsibilities and ethos that accompany the right to add Esq. after his name, and his professional compass points strong and true to the imperative of lawyer competence.
Sadly, too many tasked with EDD have lost their bearings, and Facciola lamented the sorry state of lawyer competence and the threat it poses to our system of justice. He marveled that the American legal system is nearly alone in its failure to periodically assess the competence of its practitioners. Certainly, many states mandate continuing legal education. But how long has it been since the bar demanded that its members sit for an exam or prove their competency?
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