Suppose RI Superior Court Judge Michael Silverstein Blogged post-lead paint verdict

U.S. District Judge Nancy Gertner blogs.  Not much, of course, since in addition to her full-time postion in Boston, she travels weekly to my hometown of New Haven, about 90 minutes away.  Here she teaches a course on sentencing at Yale Law School.  But Gertner advocates that more judges should be reaching out digitally.  And some such as 7th U.S. Circuit Court of Appeals Judge Richard A. Posner do.  Most, though, remain silent.

That's an anchronism, isn't it. Judges who blog would let us in.  And after a controversial ruling or jury verdict we need to be right there, inside.  Why does the mystique of the judicial system still exist in this era when most other institutions are being forced into transparency?

Okay, blogging judges can't comment directly on the case.  However, by at least telling us in their blog why they can't comment, they step out from behind that Wizard-of-Oz screen.

Suppose, after the Rhode Island lead paint public nuisance jury verdict on February 22, 2006, RI Superior Court Judge Michael Silverstein had started a blog.  His initial post would be that he could not discuss this landmark case.  That would have eliminated the troubling more than six degrees of separation in this litigation. 

My hope: The judiciary will be brought closer to the people.  My prediction: That will be exactly what happens.  In the June 11th THE NEW REPUBLIC, Richard Just defends the blurring of boundaries between the legislative and judicial branch.  He was referring in particular to the California Supreme Court decision allowing gay marriage. Given that CA is a trend-setter, it's likely that more of those kinds of controversial matters will land up with the judges vs. the legislature or voters.  We citizens want in.

I invite Judge Silverstein to launch a blog as we await the ruling of the RI Supreme Court.  It would be useful to understand how he views gag orders on judges, his opinion on the separation of powers, and should non-violent offenders be incarcerated.  That would connect us to the currently very aloof institution of the judiciary.

Comments

[Doug Cornelius]

Jane -

I am encouraged that judges are starting to blog. Lawyers are taking, but with some trepidation. Judges have other concerns with blogging that other professions do not.

But the judicial branch needs to be more transparent and open so people can better understand the system and how it works.

Let's work on making judges aware of other judges blogging. After all our legal system does work on precedents.