Posted by
Handreadered on Tuesday, June 02, 2009 5:15:08 PM
- The First cannon of judicial ethics says:
- A JUDGE SHALL UPHOLD THE INDEPENDENCE AND INTEGRITY OF THE JUDICIARY, SHALL PERFORM THE DUTIES OF THE OFFICE IMPARTIALLY, AND SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL OF THE JUDGE?S ACTIVITIES . RULE 1.01: PROMOTING CONFIDENCE IN THE JUDICIARY A judge shall act at all times in a manner that promotes public confidence in the independence,* integrity,* and impartiality* of the judiciary.
- I do not find any fault in the current nominee to the United States Supreme Court for being a woman, a Latino, for having made remarks on her qualifications as superior to the qualifications of any Caucasian. But I do find fault with her appointment violating the spirit of the first cannon of Judicial Ethics, that a judge should appear impartial. Litigants will be hesitant to turn to courts where the Justices appear stacked against them and this undermines the rule of law. Judge Sonia Sotomayor would become the sixth Roman Catholic justice on the Supreme Court. There are only nine of them, so that would mean that two thirds of the Justices, 66+%, would be Roman Catholic in a country where less that 25% of the population practices that religion. That religion predisposes its members, by life long training, faith, and in some cases, rule, to take certain positions that are likely to come up for hearing before the court. Any Appointee will not commit before they go onto the bench what position they may take in a case, but the appearance is there, however they may deny this will influence their rulings. The very appearance of six Roman Catholic Justices on the court gives the appearance to all litigants that if they appear on one side of those issues, be if choice, school prayer, school vouchers or other issues, they will not get a fair hearing. Of course, with the church?s and Popes stand on capital punishment, some might be inclined to support such a person in hopes of abolishing the death penalty. Only one Roman Catholic Justice on some of these issues has taken a position not supported by the church. I believe this is a far more important consideration than any other and should bar Judge Sotomayor from being confirmed by the Senate, no matter how good of a Judge she has been and how worthy of the position she may otherwise be. In fact, I believe it should have prompted her to decline the nomination at this time and should prompt her to withdraw. It is just not the appropriate time to appoint one more Roman Catholic to the court and preserve the diversity of the court in representing the religious views of this country. It appears to threaten the first amendment?s freedom of religion that is so much a bedrock of our society. I know these remarks are politically incorrect but feel they must be made. This is neither a Republican or Democrat issue, but an issue involving every member of the public. How can the United States afford to have a Supreme Court that appears to be packed by a group that has known but disputed public policies and whose leader is infallable, be expected by possible litigants to give them a fair hearing if they happen to be on the wrong side of the arguments already decided by that group?? This is not an individual issue, but is the issue of the appearance of the entire court. This is an issue that will be avoided by both the liberal and conservative general media as it may be unpopular with some advertisers and influential listeners. If it is important to you, it will be up to you to pass the word. There is no money or public adulation to be expected for supporting this issue.