Regulating Discourtesy on the Bench: A Study in the Evolution of Judicial Independence

62 Pages Posted: 3 Apr 2013

See all articles by Bruce A. Green

Bruce A. Green

Fordham University School of Law

Rebecca Roiphe

New York Law School

Date Written: April 2, 2013

Abstract

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

Suggested Citation

Green, Bruce A. and Roiphe, Rebecca, Regulating Discourtesy on the Bench: A Study in the Evolution of Judicial Independence (April 2, 2013). NYLS Legal Studies Research Paper No. 12/13 #69. Available at SSRN: https://ssrn.com/abstract=2243829 or http://dx.doi.org/10.2139/ssrn.2243829

Bruce A. Green

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States
212-636-6851 (Phone)
212-636-6899 (Fax)

Rebecca Roiphe (Contact Author)

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States
212-431-2804 (Phone)

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