NCJ Number
111780
Journal
Case and Comment Volume: 93 Issue: 3 Dated: (May-June 1988) Pages: 40-45
Date Published
1988
Length
6 pages
Annotation
While lawyers generally feel free to criticize the law in relation to rules of court, statutes, and even the Constitution, they have shown a notable reluctance to criticize judge-made law, specific judicial decisions, or individual judges.
Abstract
Yet, there is a canon in the Code Of Professional Ethics that instructs lawyers to assist in improving the legal system. The judiciary, like other institutions, is accountable to the public and should assure the bar that critical comments of all kinds are welcome. If judges are arbitrary, if their behavior is improper, if their decisions are not well grounded in constitutional and legal principles, or if their reasoning is faulty, the bar is in the best position to observe and evaluate deficiencies, to inform the public, and to suggest corrections. When lawyers engage in criticism of the courts for constructive and positive purposes, grounded in reason and good faith, the judiciary is strengthened, the rule of law is reinforced, and the public duty of the bar is performed. 39 footnotes.