People v. State

fairly undermining public confidence in the administration of justice
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Law prof is right on robes for wrong reason.

February 13, 2011 By: John Kindley Category: Judges

I don’t take issue with Harvard law prof Noah Feldman’s concluding suggestion in his op-ed in the NYT that maybe we should do away with judges’ black robes, as I’ve suggested the same thing myself. However, our rationales are fundamentally different. My rationale is that judges shouldn’t be politicians but generally are, and therefore don’t deserve as a class to wear something apparently designed to mislead people into believing they’re something other than what they are. Feldman’s rationale appears to be that judges not only are but should be politicians and should hobnob, “dr[i]nk regularly,” play poker and hunt ducks with other politicians, and therefore should lose the robes so people don’t think they should be anything other than what they are.

H/T Scott Greenfield at Simple Justice

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