Ciceronian Review

Justice in Contempt

The political corruption of the Department of Justice by Bushites went pretty far, but it wasn't just politics that has been wrong about the place.  In major trials it sometimes looked like the Los Angeles District Attorney's office rather than the premier trial practice it is supposed to be.  It is becoming painfully clear that the OPC prosecution of Ted Stevens was run by pumpkin heads.  Although they managed a conviction, they have also done a great deal towards suggesting the conviction was a mistake.  The judge has now held the office in contempt.  It is an extraordinary development.  And deserved.  The whole thing, except the conviction, is redolent of Ms. Clark and Mr. Darden and their inept attempt to prosecute OJ. 

Hands Out

In Pennsylvania, a couple of judges in a juvenile court have been administering justice for profit beyond salary.  Privatizing government functions -- I would think that Limbaugh and his Republican pals would approve the entrepreneurial spirit and integration of public and private functions.  But perhaps not.  More interesting, is that the whole thing went on so long.  Juveniles do not always have counsel, but someone has to bring the boys and girls to the court.  Where were the guardian ad litem and the prosecutor offices while these children were being shipped out to jail?  And such crimes -- stealing change, writing mean notes.  Another reason to wonder what the prosecutor's office was doing.  Why were such acts in any court at all ever? 

Here in Zion we confine such folks to wilderness tough love camps.  Stick them out in southern Utah fifty miles from a crossroads, and then march them until they change their ways.  Sort of Maoist re-education meets Outward Bound.  But the profits are in the hands of legislators and their pals, not judges.  Things are not so bad -- neither the camps nor the Boy Scouts have killed anyone in about 2 years, and no major forest fires set. 

Let Them Collect

I do not think that compensation caps for executives of companies accepting federal largesse are worth the trouble.  Set aside that they would either come too late (and so not apply to plenty of high payers) or would be retroactive (raising litigation risks).  It seems to me that they will be hard to monitor or enforce, and those costs are not worth incurring.  It also seems to me we would be better off putting into place -- rather, returning to law -- a more seriously progressive taxation system.  Make $14 or $50 million, but tax income at genuinely progressive rates, e.g., marginal rate of 70% of income about $5 million (or some such).  Short memories at work -- that ws the state of the world during the long growth of the fifties and sixties and seventies.  It was in the eighties that progessive tax lost its place.  So be conservative, revive the pre-Carter tax structure.

No Good Letter

The continuing fights over California Proposition 8 have moved to the California Supreme Court.  Along with the briefing, we now get letter campaigns.  There are campaigns to get people to write to the California Supreme Court, urging it to strike or uphold the Proposition.  As a tool to motivate and involve, I think the campaigns have a point.  Rally and rile the troops, keep money flowing, and so on.  As a practical strategy, i.e., a strategy to affect the outcome of the Court's decision, it seems a very poor idea.  Poor in several senses.  First of all, it will not affect the decision-making.  The Court knows enough to ensure that all the various letters go elsewhere, are read by no one, at least not while the case is pending.  I find it hard to think of a reason why the letters would ever be read by anyone.  I would send them all right to the shredder.  Second, it is a bad idea because it is entirely inconsistent with what judging and law is about.  California had one election, run properly.  Why hold a second election, done in a completely unreliable way?  Third, it is still a bad idea.  Here in Zion, people do write to judges.  In fact, recently had the head of the Senate Judiciary Committee write to a judge about a matter pending before the judge; on behalf of the Senator's friend.  Not much difference here.  Fourth, these kinds of campaigns do nothing for politics or for judicial integrity.  So, there you have it.  Sanctimony for the day.  Well, something has to keep us warm in Zion.