Wednesday, April 14, 2010

On a Personal Note

Back when I started this blog, I knew little about it, but did so because a friend of mine did it, and I thought it might be fun to do.

At the time, knowing that there is nothing really anonymous on the Internet, I determined that I would not hide my identity, and that I would scrupulously abide by the Texas Code of Judicial Conduct.

As a result, I have kept my commentary entirely on political issues of national interest, and have not posted on any issues that might ever come before me when sitting by assignment.

I welcome and encourage comments on the issues presented on this blog. I know that there are many who do not agree with my viewpoint, and welcome your input.....as long as it is on issue.

Lately I have been having another kind of commenter......some who would use the comments to anonymously criticize rulings or decisions I have made. These comments are not welcome, and have been, and will continue to be deleted.

All I can say to those people is that if you do not agree with me, just appeal the case.

If you wish to complain to me, then call me. I probably will not discuss any case with anyone, but at least you can honestly express your opnion before I hang up.

Those who would be cowardly and try to hide behind anonymity.....well, reread the second paragraph.

6 comments:

Anonymous said...

Judge, with all due respect for your position, I don't think you should be commenting in public on any issues of political or legal significance. You seem to forget that those people you disagree with or the collective "liberals", the "they" as you refer to them often, may appear in your court regardless of the issue in front of you. As just a casual viewer of your blog, I have seen you comment on many issues that affect the daily lives of those who would appear in front of you. Surely you would rather uphold your office with more respect and dignity.

The South Plainsman said...

Thank you for your comments. Much of what you say was considered before I started this blog.

I am very sensitive about how I post, and the effect of that on my status as a retired judge.

As you know, when I sit as a judge the political views of the parties or the attorneys have absolutely no effect on my decisions.

I certainly understand that others have different opinions than I have about certain policies. I welcome that. It is part and parcel of our freedom in this country.

I mentioned in my post that I started this when a good friend started his blog. You can see the link on my blogsite to his: Blog of Ages.

Go there and take a look. You will see that my dear friend of 6 decades is a died in the wool "liberal." He and I have profound disagreements on some things, but still have mutual respect and affection.

I have to disagree with your assertion that my exercise of my First Amendment rights disrespect the office I held, or is undignified, merely because some would disagree with what I say.

I try to express myself in a way that avoids that. Some I see out there in the blogosphere certainly do write disrespecfully and without dignity. I won't do it.

I do not post about any legal matter that might ever come before a court in which I sit. Since I have no desire or intention to be a Federal judge, I consider those issues fair game.

The South Plainsman said...

Incidently, there are many judges who blog. Most are much better than I am. LOL

One of my favorites is Richard Posner. I don't always agree with him, but he and Becker are very interesting. See their blog at:

http://uchicagolaw.typepad.com/beckerposner/

Also, in 2007 the National Judicial College (of which I am a graduate of their General Jurisdiction Course) had an article in their journal (on p. 5 of the pdf.) about judicial blogging.

If you do any research on it you will find that judicial blogs are quite widespread....and encouraged.

The South Plainsman said...

The url for the journal is:

http://www.judges.org/pdf/cip_summer07.pdf

Anonymous said...

Encouraged by whom? Your reverence for Justice Posner belies your ignorance. Justice Posner was recently criticized and drew a motion to recuse (which was granted) for posting things on his blog that could be considered offensive. check out the postings on www.abovethelaw.com
Also check out the various judges that have been called into question due to comments on their blogs.

The South Plainsman said...

Citations, please. And read my citations.

I will say that if you see anything that violates ethics on my blog, please cite it to me, or to the Commission on Judicial Conduct. I do not intend to be in violation, and try very hard to avoid it. If I do, it is unintentioanl, and I would wish to correct it immediately.

Saying something that you disagree with is not unethical unless it also violates the Canaons.

Lastly I will point out that there will be no need for a motion to recuse. As a Senior Judge, if I should be appointed to a case, counsel has the right to strike me without a hearing. Most do it to get a continuance, but if counsel should think I am too disagreeable, they are free to do so.