Piersol: Attacks on judges to get airing

[IthinkThereforeIAM]

By David Kranz
[e-mail]


Seldom do federal judges respond to criticism about their decisions, but recent heated attacks against them may change that.

U.S. District Judge Lawrence Piersol of Sioux Falls, president of the Federal Judges Association, says the group will discuss what response, if any, it should make when board members meet next month in Washington, D.C.

“We are not concerned about being criticized. That is not new. Suggestions of retaliation for judicial opinion is new,” said Piersol, a soft-spoken and highly respected judge.

After hearing a range of opinions from judges about what they call “fervent judge bashing,” Piersol communicated with the membership about placing the issue on the agenda.

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<http://www.argusleader.com/apps/pbcs.dll/article?AID=/20050426/COLUMNISTS02/50426001/1001/ARCHIVE>

mods: I know this is from the Tuesday issue of the Sioux Falls Argus Leader, but this is the first time I was able to post it. Technically, it is not more than 12 hours old.

[Dhalgren]

1. I wondered whether this "retaliation" talk was new or not.

I asked a friend of mine who is a legal scholar if there had been instances of this in the past. He said that he wasn't aware of any, but would do some research. He hasn't gotten back to me yet, but if this judge says it is new, then I will take his word on it. How can elected officials, sworn to uphold the constitution, be allowed to make threats against seated judges as some of the Republicans have? This, to me, is an ominous sign...

[Just Me]

2. IMHO attacking the judiciary in such a way IS unconstitutional.

It's disgusting to me that those Republicans aren't being removed from office for such reprehensible behavior.

[Dhalgren]

3. To me, it seems to be in the same order of things

as threatening the life of the president. Isn't there a law about making threats against public officials?

[IthinkThereforeIAM]

4. Yes there is...

... Sen. Lautenberg sent Delay a letter detailing his violation of the US Code. There was a thread on it here a few weeks ago.

Here it is, a fast altavista seach turned up this:
Lautenberg Cites Criminal Laws DeLay May Have Broken in Threat Against Federal Judges ... In a letter to Mr. DeLay, Senator Lautenberg said the remarks could incite <http://www.lautenberg.senate.gov/~lautenberg/press/2003/01/2005401638.html >

[Just Me]

6. Yep. It's a federal crime to threaten officials.

That aside, what makes the Republicans' behavior even more egregious is their apparent intent to undermine the judicial branch and to systematically disempower that branch of government by proposing impeachment and removal of judges (whom fail to rule according to the Republicans' demands). These judges are constitutionally mandated to serve life terms for good reason -> it removes them from the fray and corruption of politics.

It is that behavior (to undermine the judicial branch) which I consider a violation of the Republicans' oathes of office to uphold the constitution.

[Auntie Bush]

5. Dems should try to pass a law that gives a mandatory jail

sentence to ANYONE that threatens a judge. (and it seems like we really need one) Let's see if the Rethugs refuse to pass that bill. That could become quite a positive issue for us...and a wedge issue for them.

[Toots]

7. I suspect that we will see much capitulation on the judges part.

When a major life threat is made against you a lot of people change how they operate to appease the intimidaters. IOW the intimidation works............. Judges will do the Republican's bidding and hell with LAW......

[Just Me]

8. Hm. I actually have the exact opposite view/opinion.

Maybe my opinion that judges will firmly stand against tyrannical imposition against the judicial branch is based upon my limited exposure to some very stubborn judges who place great personal and professional investment in the notion that the judicial branch is to always be a separate and independent branch in order to ensure the balance of powers necessary to squash the possibility of dictatorship.

:shrug:

[Durant]

9. Don't think so..

whether they are liberal or conservative Judge's are an ornery bunch when someone tries to stomp on their turf. Going to be more than a few in Congress that will feel like they stepped on a rattlesnake before this is over..