Objection -- Lack of Foundation
Trib Columnist Rebecca Walsh attacks Judge Ted Stewart – saying that he is a magnet for reversal. Walsh lists 3 reversals. Judge Stewart, a Clinton appointee, has been on the bench for 8 years. That’s not many reversals. Does he have more? Is his reversal rate higher than other judges?
We don’t know from reading Walsh’s ad hominem.
What we do know from reading Walsh’s column is that Judge Stewart has a background in Republican politics and that one of his decisions failed to stick it to the Mormon church. And as any reader of Walsh’s rants knows, anyone who is Republican or doesn’t hate the Mormon church is suspect.
We don’t know from reading Walsh’s ad hominem.
What we do know from reading Walsh’s column is that Judge Stewart has a background in Republican politics and that one of his decisions failed to stick it to the Mormon church. And as any reader of Walsh’s rants knows, anyone who is Republican or doesn’t hate the Mormon church is suspect.
posted by steve u. at 8/17/2007
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35 Comments:
Sustained.
I think the circumstances of Ted's appointment focuses eyes on him. With no trial experience and clearly a political appointment, a little scrutiny on his decisions should be welcomed.
In Walsch's defense, she said in the article that Judge Stewart was not alone in being overturned and mentioned I think 18% of decisions by Utah judges are overturned in Denver.
Ultimately, all of us citizens, Demcrats, Republicans or anyone else should be able to have appropriate recourse through our judicial system. If political philosophy of judges creates an unfair playing field for an appropriate hearing of those grievances, whether from a liberal or conservative judge, we as citizens should be made aware of it, and make our voice heard when retention votes are made.
Obi Wan,
Clearly, judges should be subject to criticism (and, if appropriate, a lot of it, since they are subject to no democratic process). But the criticism needs context and substance.
I would argue that Judge Stewart's appointment wasn't unique (other than it crossed party lines). Most federal judges are connected. And, their experiences are varied.
Judge Stewart was not plucked off the street. His skills took him at a young age to direct major governmental agencies, which he did extremely well.
Walsh does mention that the Utah federal district court had other reversals (of course). She does not mention any other judge by name or which judge has the highest reversal rate. She does not mention if the reversal rate for the Utah district is high, low, or average. Without broader context (and apparently with no legal skills to analyze his legal abilities), she simple concludes that Judge Stewart is a bad judge.
Also, no retention elections for federal judges. Appointments for life.
Stewart is a federal judge, and not subject to a retention election.
Justice Scalia wrote in Hudson v. Michigan that civil liberties violations shouldn't result in evidentiary sanctions against the government (i.e., the exclusionary rule) because civil suits are an adequate deterrent.
The Roskas scored two bucks in their civil suit to obtain justice for the unjustified removal of their son from their home by DCFS.
Recently, a poster on KSL.com wrote that government employees shouldn't be held accountable in court because the taxpayers ultimately foot the bill.
Vigilantism should be looking pretty attractive right now to Americans victimized by bipartisan gangs acting with seeming impunity.
Endless and shrill editorial criticism of the Utah establishment and it's culture is the Tribs job. It's steady diet of sourdough has always been it's primary justification for existence. I sure is serves other valuable purposes. I just don't know what they are. But, I'm sure someone will educate me shortly. Voin Campbell.
Anonymous(1), in Roska, 12 jurors unanimously decided, after hearing all of the evidence, that the plaintiffs hadn't really been hurt by the technical violation of their rights. Like everyone who files a lawsuit, even if you are right on the law, you still have to prove how you were actually damaged. I don't think the Roska case was a failure of the justice system; rather, it was a success.
As for Judge Stewart, I agree that his initial appointment was ridiculous. However, that does not mean that he is a bad judge. I agree with Steve that more evidence, including an analysis of all his cases on appeal and a comparison to his colleagues, would be needed before accusing him of incompetence/bias. I understand that sometimes the evidence of bias is overwhelming (Judges Lewis and Young, anyone?), but I didn't think Walsh made that case in her column.
Voin
Bitching about the white, male, conservative, Republican, Mormon establishment is the SOLE purpose of the Tribune's existence, and they are just responding to market demand.
Newspapers know that a sizeable portion of subscribers pick up the newspaper everyday just to get their pissed-off on.
Unfortunately for the print media, there are more efficient ways for people to get their pissed-off on, and that's why their subscription numbers are dropping.
If you drive through newer suburban neighborhoods in the morning, you'll see very few newspapers on the driveways, and a good percentage of those times it's the Wall Street Journal.
Ultimately, the Tribune will stop pretending to be a newspaper in the traditional sense and be more overt about their liberal aims in order to keep their whine-and-cheese base from migraing even more to blogs, CNN and the NYT.
Steve:
Thanks for reminding me Ted's appointment was federal. DOH! My bad.
Some would argue that the reason Ted's appointment was so controversial was it was unique in that Ted's whole career, impressive though it was, essentially was bureaucratic and political in nature.
That being said, you make a good point about the lack of depth in Walsch's analysis. I think she cherry-picked cases that made Ted look partisan and not particularly competent as a judge. Certainly, he has had better moments on the bench and a more detailed comparison of his record relative to his peers would certainly have added weight to her piece.
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