THE JUDGE
85% of us, perhaps more, don't believe we'll ever have to stand before a judge in Court and defend ourselves. We try to lead good lives, help our family and fellow human beings when we can, and follow the law. Some stray, yes, perhaps even stray beyond the degree of petty crimes. But, most of us don't.
We have been told all our lives that only a select group of people are capable of being judges. Judges, you see, are the cream of the crop, they're more intelligent than we, have greater sense of judgment, and they are held to a higher standard.
We were told wrong.
Many judges, most judges, are made of enormous egos that are fed by the power wielded when they bang their gavels or when they enter the courtroom and we all have to stand and greet them as if they are royalty. We sit meekly in the courtroom and obey their every command, afraid to say anything, even to stick up for ourselves for fear that the judge might get mad.
Judges play the law like a good game of poker. In reality, a judge doesn't even have to follow the law because the only way to remedy an improper judgment or action of the judge is to appeal the hearing. Appeals cost thousands of dollars depending of the complexity of the case with $10,000 pretty much the bottom line cost for an appeal. Judges know few of us can afford to appeal.
The appellate courts give considerable leeway to the lower Court's discretion. If a judge simply give you an incorrect verdict, you're sunk because appeals aren't about what's right and what's wrong, they're about legal errors made throughout the hearing. Judges are well trained to make few operational mistakes and they've got plenty of experience making the record of the hearing "support" their verdict by choosing their words precisely and making statements on the record to cover up anything they think might cause an appeal.
Judges stick together just like lawyers stick together. You and I are alone.
My Grandmother lived a normal life. She followed and respected the law. She never dreamed that at 85 years old, she'd be at the mercy of a judge and worse than that, she's at the mercy of a judge who ignores her wishes, her welfare, her dignity and her caregivers. But, here she is. You could be there, too. That's why it's important to know the candidate running for judge and to measure his/her ego before you vote for him/her. Because, when you're defenseless, you want to be protected, not exploited.
Lawyers feed judges by contributing to their election campaigns. With the good old boys sitting around the table stacking the deck, none of us have a chance.
"The discretion of a Judge is the law of tyrants: it is always unknown. It is different men. It is casual, and depends upon constitution, temper, passion. In the best it is oftentimes caprice; in the worst it is every vice, folly, and passion to which human nature is liable."
Lord Camden, L.C.J., Case of Hindson and Kersey,
8 Howell State Trials 57 (1680)
We have been told all our lives that only a select group of people are capable of being judges. Judges, you see, are the cream of the crop, they're more intelligent than we, have greater sense of judgment, and they are held to a higher standard.
We were told wrong.
Many judges, most judges, are made of enormous egos that are fed by the power wielded when they bang their gavels or when they enter the courtroom and we all have to stand and greet them as if they are royalty. We sit meekly in the courtroom and obey their every command, afraid to say anything, even to stick up for ourselves for fear that the judge might get mad.
Judges play the law like a good game of poker. In reality, a judge doesn't even have to follow the law because the only way to remedy an improper judgment or action of the judge is to appeal the hearing. Appeals cost thousands of dollars depending of the complexity of the case with $10,000 pretty much the bottom line cost for an appeal. Judges know few of us can afford to appeal.
The appellate courts give considerable leeway to the lower Court's discretion. If a judge simply give you an incorrect verdict, you're sunk because appeals aren't about what's right and what's wrong, they're about legal errors made throughout the hearing. Judges are well trained to make few operational mistakes and they've got plenty of experience making the record of the hearing "support" their verdict by choosing their words precisely and making statements on the record to cover up anything they think might cause an appeal.
Judges stick together just like lawyers stick together. You and I are alone.
My Grandmother lived a normal life. She followed and respected the law. She never dreamed that at 85 years old, she'd be at the mercy of a judge and worse than that, she's at the mercy of a judge who ignores her wishes, her welfare, her dignity and her caregivers. But, here she is. You could be there, too. That's why it's important to know the candidate running for judge and to measure his/her ego before you vote for him/her. Because, when you're defenseless, you want to be protected, not exploited.
Lawyers feed judges by contributing to their election campaigns. With the good old boys sitting around the table stacking the deck, none of us have a chance.
"The discretion of a Judge is the law of tyrants: it is always unknown. It is different men. It is casual, and depends upon constitution, temper, passion. In the best it is oftentimes caprice; in the worst it is every vice, folly, and passion to which human nature is liable."
Lord Camden, L.C.J., Case of Hindson and Kersey,
8 Howell State Trials 57 (1680)
