Can't Judges Speak Out on Social Issues?
Some judges are more cautious than others. Some are totally focused on whether the omerta rule is "absolute." Some judges are quite comfortable saying that they would never speak to a bar group as candidly as they do in this classroom.
November 01, 2021 at 11:00 AM
7 minute read
I co-teach (along with Richard Emery and Dale Degenshein) a law school class called "How Judges Decide." It's unique. Guest judges each week select a case or cases they decided that could have gone "either way," or otherwise struggled with. The students ask them often very frank questions about why and how they decided the way they did, and what experiences moved the decision one way or another.
The rule of omerta is in play: What is said in the classroom stays in the classroom! No recordings at all—laptops aren't even open when the judge is in the room.
Some judges are more cautious than others. Some are totally focused on whether the omerta rule is "absolute." Some judges are quite comfortable saying that they would never speak to a bar group as candidly as they do in this classroom. Importantly, they appreciate the value of this teaching—and, indeed, self-reflective—exercise. No judge ever seems to turn down our invitation to participate. (No kudos to us, I assure you).
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