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Slamming Judges for Political Gain
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Slamming Judges for Political Gain
Summary
In a response
to a presidential candidate’s call for a judge’s resignation,
Judge Kevin Burke of the AJS Board of Directors and Judge Steven
Leben of the Kansas Court of Appeals have co-authored an op-ed
in the Seattle Times urging against criticism of judges
for a single opinion or decision unless they have shown utter
disregard for the rights of the parties or the law.
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Here we go again. A presidential candidate has attacked a judge after
a controversy erupted about a single decision. Republican presidential
candidate Mitt Romney has called for one of his own appointees,
Massachusetts Superior Court Judge Kathe M. Tuttman, to resign after a
person she released pending trial failed to report to his supervisor,
left town, and allegedly murdered two people in Washington state.
The case is tragic: Two people were killed. But the framework of the
discussion is all wrong, and it demonstrates how politicians too often
take advantage of controversial decisions for political gain.
Romney's spokesman, Eric Ferhrnstrom, issued a statement challenging
Judge Tuttman to explain her decision. "Only she can explain why she
released Daniel Tavares without bail," he said.
But the truth is that Tuttman is the one person who cannot explain her
decision while the case against Tavares remains pending in court.
Judicial-conduct rules prohibit judges from commenting outside the
courtroom about pending cases.
To view the full text of
the article, click
here to be directed to the Seattle Times website.
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