Should Former Prosecutors Be Allowed to Become Judges?

[LAGC]

Maybe its just me, but it just seems like there's a certain amount of partiality that former prosecutors bring to the bench that biases them towards the interests of the State and against those of defendants' individual civil liberties. Obviously some legal experience should be required for the job, I just question it being the D.A.

So what do you think? Do you see no problem with it, or am I onto something here?

[Tangerine LaBamba]

1. Judges -

I know a few former prosecutors who became judges and they're great. You are, I think, underestimating that respect with which people take on the responsibility of being a judge. And, believe me, whether you're a prosecutor or a defense attorney, you learn exactly how the other side works, because that's what you're working against. So you get experience across the board.

Who would you have on the bench? Only defense attorneys, or would they, too, be barred because of their "bias," as you, mistakenly, I believe, perceive it?

Or would you choose only from litigators who worked on civil cases? In that case, would you bar lawyers who represented insurance companies in personal injury and malpractice cases, because they'd be biased in favor of big business, or would you ban plaintiff's lawyers, because they would only rule in favor of the injured parties?

Or maybe you'd allow only lawyers who never set foot in a courtroom? Would that really be a good idea, do you think?

You have to trust people to do the job correctly. With certain exceptions - like any job - they always do.................................

[LAGC]

2. My bad, I fixed it.

Yes, having court-room experience would seem to be a good idea, but it doesn't seem like one would have to be an active participant in the court-room process to still be able to study various court cases and appreciate both sides...

[Tangerine LaBamba]

4. You're welcome -

So, by your reasoning, a person should be allowed to do surgery simply by virtue of having witnessed hundreds of surgical procedures, right?

You'd let someone do a root canal on you because they'd witnessed an endodontist at work for a long, long time?

Would you let someone work on your car because they'd been around a garage for a good long time?

You don't think judges need ever to have been "active participant(s)" in any kind of litigation so as to preserve their impartiality?

What would they be doing in the courtroom, then? Does that mean the court stenographer and/or the bailiff would make good judges? Or one of the regulars who always show up to watch trials, day after day?

No, you're really missing here how hard people work once they're on the bench to be able to handle a trial and to adjudicate everything that comes up. You're assuming that people are loyal only to one "side," as you see it, when, in fact, good lawyers - and quite a lot of them become judges - are loyal to the law..................................................

[LAGC]

5. Perhaps so.

It just seems like a lot more prosecutors than defense attorneys end up being selected and elevated as judges. Surely you can't tell me that after looking at cases through a certain lens for so many years doesn't jade you somewhat?

[Tangerine LaBamba]

6. Surely I can -

I know a lot of judges. Appeared before a lot of them, and even had one recuse himself when I showed up on the jury, since we had a professional relationship that went back almost thirty years. They are all very good at their jobs, and more than one has ruled against me, to my chagrin. Their fairness just pissed me off, but that was me, in my inexperience. Later, I respected how well they rules.

No, you're disregarding what I wrote - that the loyalty is to the law, not to any one "side," and, if you watch carefully, you'll understand that there is no "side" in the law - there are positions and stances, but they're fluid, and often hard to tell one from the other - at least if you're one of the lawyers working the case.

You're trying to make simple something that isn't simple. Most defense attorneys make far too much money ever to want to give it up to become a judge. That's the simplest part of the matter - and how could you have overlooked that fact?

There's an old law school rule: "A" students become law professors, "B" students become judges, and "C" students become millionaires.

So, you'd let a spectator - but a very experienced spectator - do your brain surgery?

[SeattleGirl]

3. Other: I think that your partiality argument could also be used for

defense attorneys who become judges.