Self-Regulation of Judicial Misconduct Could Be Mis-Regulation

15 Pages Posted: 20 Aug 2010  

Date Written: 1990

Abstract

No matter what the profession, any charge that a fellow professional is guilty of malpractice is a prima facie invitation to other professionals to retreat to a guild mentality, denying that the infraction took place. The impetus to cover up is not primarily due to friendship toward the accused but rather to a general perception that disclosure would lead to public disrespect of the profession as a whole. Many judges may feel that their own standing in the community could be undermined by disclosures that other judges invent or misstate facts. The issue here is not which judges have integrity, but rather that the judicial culture itself apparently has little room for countenancing disclosure of misbehavior that could undermine public confidence in the judiciary.

Keywords: Justice and The Judiciary, Judicial Misconduct, Regulation of Judicial Conduct

JEL Classification: K10, K40

Suggested Citation

D'Amato, Anthony, Self-Regulation of Judicial Misconduct Could Be Mis-Regulation (1990). Michigan Law Review, Vol. 89, pp. 609-623, 1990; Northwestern Public Law Research Paper No. 10-38. Available at SSRN: https://ssrn.com/abstract=1661832

Anthony D'Amato (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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