juding judges

deniseE · April 2005

I'm sure I'll get a bunch of firey responses...but I'm curious...so I'll ask....

The major news sources are running a story about Tom DeLay and his critisim of Justice Kennedy over certain rulings and his use of the internet to conduct his own research.

Is it a problem for the Supreme Court Judges to research before rendering an opinion?

Whatever · April 2005

Only if you don't agree with their opinion.

nietra · April 2005

I would think we would want them to! My Business Law class is taught by a judge that sits on the Iowa Supreme Court... it's been an AWESOME class I'll ask his opinion on the issue tomorrow night.

Don D · April 2005

To me, it depends upon the context in which Delay's remark was made or what he meant. If he was being critical of a judge meandering around checking out contemporary articles and political leanings and public comment, I agree. I doubt seriously that a Supreme would actually go onto the internet to do serious research. That's what they have law clerks for.

deniseE · April 2005

Don the story is on the major news sites...CNN for one...

Law Clerks are good...but I suspect a thoughtful judge...which Kennedy has proven to be, would frequently want to have his hands in the research to KNOW that his opinion was HIS.

Parabeaglex2 · April 2005

Judges don't forget how to look up the law, and start relying on clerks just because they don the Robe. Likewise, even though they may ask their clerks to research an issue, they are going to do their own research to clarify key points, etc. And just because a judge is using the Internet doesn't mean he's doing his legal research through USA Today - there are a number of legal websites designed for research, to which I'm sure the Supreme Court subscribes.

DeLay's in enough trouble without picking on the Supremes.

Brad Forrister · April 2005

It's a little unclear from the stories exactly what kind of research is at issue.

Judges and their clerks do rely on Westlaw and Lexis, which are delivered these days largely over the Internet. Certainly a Supreme Court justice is entitled to do his own legal research, to read the cases himself, to find cases his clerks haven't raised. Most judges rely on their clerks' research and even have the clerks draft the opinions. I've heard that Kennedy is mistrustful of his clerks and doesn't give them much leeway in drafting opinions.

Judges in courts below the Supreme Court level are generally hesitant to bring non-legal research to bear on a case. They're supposed to consider the case on the evidence developed at trial. If they don't think that's sufficient, they can remand for more evidence.

Judges can take "judicial notice" of things that aren't in the factual record. And, of course, everyone is affected by the events and issues that occur in society around them, and the U.S. Supreme Court has more latitude to consider such things than other courts, if only because it's at the top of the heap.

DeLay's quote about Internet research was juxtaposed against comments about Kennedy's use of international law, or rather, the law of other countries. That may be what the Internet research comments were all about.

But it was certainly made to sound like the research Kennedy was doing on the Internet was somehow nasty.

Brad Forrister
VP/Content
M. Lee Smith Publishers

juding judges

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