One goal of many young lawyers is to someday sit the bench! Along with this prestigious position comes the power to decide the case heard in court while keeping the argument between opposing lawyers within the guidance of the law. It must be an awesome responsibility however, does it go to a judge’s head, or cause them to suffer from what Pfeifer (2010) refers to as the disease of the black robe? Is this unethical?
Suspected signs of this disease include, but are not limited to, the inflation of one’s ego, outbursts of rage, loss of patience with young lawyers, or belief that their words are doctrine (Pfeifer, 2010) Now let’s face it, why in the world would a judge not have these qualities? Consider the cross section of society that crosses through their courtroom. With increase case loads, why would they want a young inexperienced lawyer before them wasting their time in court? No one enjoys having their time wasted. More than likely, after a period time they will lose their tempers. They are human and have to keep the docket moving. If this syndrome helps a judge to preside over their courtroom and make them effective and efficient, it should be instilled into each of them once they make the bench. In the author’s opinion, it is not unethical to rule the courtroom in this manner.
Accepting a bribe would be considered unethical behavior for a judge. It is not unethical for a judge to order an unruly or disrespectful youth to serve one or two days in jail for their unacceptable behavior in court. Although it may be considered harsh by some, one should expect to act appropriately upon entering a court room. A court room deputy will normally direct all of those in attendance to maintain silence during court. Cell phones should be turned off, or at a minimum be set on vibrate for emergencies and talking amongst themselves or making unacceptable comments is not tolerated. That is unethical.
As long as a judge operates within the confines of the law, their actions should not be considered unethical. They may be considered harsh but then again, if one does not wish to deal with the wrath of an irate judge, don’t commit a transgression that requires attendance in court.
References
Pfeifer, O, (2010) Black robe disease – why the abuse of power is rampant among judges and
the American judiciary. Retrieved from http://stubbornwriter.com/2010/03/17/
09/12/11/law/black-robe-disease-why-the-abuse-of-power-is-rampant-among-judges-
and-the-american-judiciary/318
