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Yes, and as I recently learned, there's an awful lot of law that only exists inside the heads of district court judges and law clerks. An argument that might w
by Paul-Craft 2y ago
Yes, and as I recently learned, there's an awful lot of law that only exists inside the heads of district court judges and law clerks. An argument that might win the day in one courtroom might fall flat in the next county over.
- treetalker 2y agoIn my experience, it's not that silent law exists only in judges' heads, so much as that the judges decide where they want to end up and then reason backward to create a decisional path that leads to the desired conclusion. This is, of course, blatantly wrong and not how the judicial system ought to work. For this reason (among others) we have the appellate process. Problems compound when the appellate panel does the same thing. Based on my experiences over years, both working in chambers and litigating, judges on a particular end of the spectrum tend to do this more than those on the other end.