Abstract

http://ssrn.com/abstract=2154130
 


 



Just Conduct: Regulating Bench-Bar Relationships


Dana Remus


University of North Carolina School of Law

2011

Yale Law & Policy Review, Vol. 30, No. 123, 2011

Abstract:     
In this Article, I examine relationships between the American legal profession and judiciaries through the lens of judicial conduct regulation. Close relationships between bench and bar have been theorized to increase the political efficacy of these related institutions, but the increased political efficacy can be used to undermine as well as to support liberal democratic values. I argue that the legal profession’s ongoing involvement in defining and regulating permissible judicial conduct has eroded the legitimacy and independence of both institutions. Through the twentieth-century process of judicial conduct regulation reform, the profession increased its own power at the expense of judicial power. Through the resulting codes of judicial conduct, the profession ensured that special and more lenient standards would apply to lawyers’ interactions with judges. The result has been a challenge to core liberal democratic values through problematic appearances, problematic contacts, and excessively close relationships between bench and bar. I argue that these relationships should be voluntarily reconditioned to ensure that strong and independent judiciaries are supported by a strong and independent profession.

Number of Pages in PDF File: 46

Accepted Paper Series





Download This Paper

Date posted: October 1, 2012  

Suggested Citation

Remus, Dana, Just Conduct: Regulating Bench-Bar Relationships (2011). Yale Law & Policy Review, Vol. 30, No. 123, 2011. Available at SSRN: http://ssrn.com/abstract=2154130

Contact Information

Dana Remus (Contact Author)
University of North Carolina School of Law ( email )
160 Ridge Road
Chapel Hill, NC 27599
Feedback to SSRN


Paper statistics
Abstract Views: 578
Downloads: 62
Download Rank: 212,641

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.343 seconds