Judicial Temperment

Judges are supposed to stay above the emotional fray. They are supposed to apply the law even-handedly. The attached court Order (which I recently found in some of my old paperwork) is a strikingly honest admission by one judge that he would have been unable to maintain judicial composure in a particular case.  It’s an Order recusing himself from the case of a man that had been accused and convicted of murdering a police officer as that officer slept.

This is not a case I handled, but it was a case of which I was aware.  I once met this judge (back in the 1980’s), and he was a generally pleasant man. A clerk from the Phelps County, Missouri Court verified for me that this case was actually handled in that Court.

I’m posting this Order signed by Judge John Brackman of Franklin County, Missouri, because I find it to be a stark reminder that most judges maintain their composure, despite what they might be feeling inside.  This Order is one of those glimpses inside one judge’s psyche, reminding us that judges are capable feeling strong emotions, which reminds me of this earlier post on emotions and decision-making.

brackman-order-1

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Erich Vieth

Erich Vieth is an attorney focusing on civil rights (including First Amendment), consumer law litigation and appellate practice. At this website often writes about censorship, corporate news media corruption and cognitive science. He is also a working musician, artist and a writer, having founded Dangerous Intersection in 2006. Erich lives in St. Louis, Missouri with his two daughters.

This Post Has 4 Comments

  1. Avatar of Timothy Mills
    Timothy Mills

    Remarkable. I applaud this judge for his honesty. Surely we all have moments when we feel this way, but I'll venture that few of us have the self-awareness to admit that such feelings get in the way doing what is right.

  2. Avatar of Jake
    Jake

    Good of him to recuse himself but all he had to do was say just that. To use such language is an afront to the dignity of the Court.

    I think the legal system is stronger when people respect it; such language can only damage such respect.

  3. Avatar of
    Anonymous

    Honest feelings are not always easy to mask in grammatical sentences. I have known this Judge for over 20 years. He is a Christian and a follower of Jesus Christ. He also is a human being and for him to state his “ true feelings “ is exactly what those who know him would expect from him. He is one of the few Judges on earth that understands robes and proper decorum don’t make a man. Honesty does! I applaud my friend. John . Brackman.

    1. Avatar of Erich Vieth
      Erich Vieth

      Hi, I enjoyed watching Judge Brackman run his docket. He was a creative problem solver and really seem to take a personal interest in the people who appeared in his court.

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