Kentucky

As most know, this blawg has a feature which allows and even encourages posting of comments about the law.  Although, I have no "policy" on comments as such, I would like to take this opportunity to explain how this feature works and what comments remain and what stay.

First, comments are not "moderated" or screened before being published; and the only control is the authentication requirement to keep out automated spammers.  I rely upon this method since I have neither the time nor the inclination to be a hall monitor for all the remarks.  So, the simple fact that a comment has been made does not imply an endorsement, approval, or a disapproval of the remarks in the comment.  Nor does it reflect my opinions or the opinions of the blog or any editor of the blog.  Most imporantly, it does not even mean the comment was ever read by us or anyone else for that matter.

I am reminded of the fact that when I see a car with its turn signal blinking away, the only thing I can be sure of is that the feature is operable and working and not to assume the driver is making a turn (much less even knowing the signal is blinking away).  Same goes for the comments.

Second, this is not a forum for ex parte and out of court communications with the judges in a pending case.

Third, making hard remarks is one thing, but striking harsh, personal or foul blows is another.  When I catch these comments, I take them off the blog.  This is not a gossip column. 

Fourth, I do not wish this blog to repeat what happened in the case involving the physician who was blogging in the midst of a malpractice trial against him.  His posts contained remarks that were not favorable to the judge or the opposing attorney and potentially revealed strategies and discussions with his/her lawyer.  Such postings run the risk of breaching privilege and being used by the other side.

These are not policies as such.  Nor guidelines or rules of the road.  Just some leanings and a few preferences of mine.