Monday, October 17, 2005

Miers Hecht Kinkeade and Ethics

Beldar, at said:

It's unusual, but not unethical or improper, for sitting judges to make guesses about how someone else who might be confirmed to a different judgeship might possibly vote if a particular matter possibly comes up in the future.

Let us consider - is this a:

1. statement of fact
2. opinion
3. WAG

(In the same post, Beldar defines WAG as WAGs = "wild-ass guesses," a trial lawyer term of art... )

For those who take the topic seriously:

1. What rules of ethics or propriety are implicated?

2. Rules of propriety? Huh?

3. Rules of ethics for lawyers, judges, or both? What applies? How does it apply? What is the effect of the White case? What is the answer under prior cases in which the abortion issue was raised in the campaign? What is the effect of the White case on those decisions?

Yes, this is a teaching moment.


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