Judge Joseph W. Bellacosa, delivers` the 2006 Judge Hugh R. Jones Memorial Lecture, Monday Oct. 16, 2006 in Albany, N.Y. (Dave Oxford for the New York Law Journal) Front-Loading Vouched-In Judges: More Confidence in the Deliberative Process Would Be Better
The better policy of wait-and-see, with diligent continuing deliberations among the permanent members, is a virtue well worth practicing because it affords the opportunity to pursue common-ground solutions inter sese for the decisions where recusals or absences occur, and the few where a vouch-in is unavoidably needed.
November 16, 2023 at 10:10 AM
5 minute read
This old timer's perspective regarding substitutions of judges for shorthanded appeals at the Court of Appeals might shed some historical light. In baseball, an early call would be like signaling the bullpen for a substitution before the first pitch is thrown. Utilitarian factors like time and expense do not, in my opinion, warrant a change from the long-established last-resort option into a new front-load first-resort practice.
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