Regulating Discourtesy on the Bench: A Study in the Evolution of Judicial Independence
62 Pages Posted: 3 Apr 2013
Date Written: April 2, 2013
In this paper, we argue that the myth of the detached, rational judge, free from emotion runs the risk of undermining the quality of judging, obscuring the transparency of judicial decisions, and deterring the development of diverse judicial styles. We explore the history of the myth of the detached judge and how it made its way into rules of judicial conduct. By contextualizing this image of the judiciary, the article concludes that the rules of judicial conduct have come to embody an antiquated understanding of judicial independence and ought to be revised to reflect a more modern concept of the role of judges the American democratic system.
Keywords: Judicial Discourtesy, Judicial Ethics, Code of Judicial Conduct, Canons of Judicial Ethics, Judicial Independence, Professional Independence
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