Legal Commentary

How to Enable Denial of Service Attacks on Courts

By Professor University of Miami School of Law

Following Vernon Valentine Palmer’s evidence that judges were more likely to rule for parties that had contributed to their election, X-Judge H. Lee Sarokin endorses a mandatory recusal policy for elected judges: “Judges should recuse themselves in cases in which either a lawyer or litigant has contributed to their election.”

Sounds great, right? So if I’m a corporate lawyer (or union lawyer) and think Judge Y leans too far towards unions (or against, as the case may be), all I have to do is make a token contribution to that judge and voila! I’ve stacked the bench.

The disease is likely real, but this cure is worse than the disease.

Full post as published by Discourse.net on February 09, 2008 (boomark / email).