Judicial umpiring-WTR

Philip D. Cave

Brett M. Kavanaugh, The Judge as Umpire: Ten Principles, 65 Cath. U. L. Rev. 683 (2016).

First, and most obviously, a good judge, like a good umpire, cannot act as a partisan. Fifth, at the same time, to be a good judge and a good umpire you have to possess some backbone. Sixth, to be a good judge and a good umpire, you have to tune out the crowd noise.

And from the abstract:

Judge Kavanaugh discusses the notion of Judges as umpires and sets forth ten principles that are vital for an impartial judiciary dedicated to the rule of law in our separation of powers system. According to Judge Kavanaugh, Judges cannot act as partisans, must follow establish rules and principles, and must strive for consistency, not only in terms of respecting precedent, but from day to day, in how they decide cases, confront issues, interpret statutes and interpret the Constitution. Judges must also understand that their role is to apply the rules rather than remake the rules according to their own policy views and have the fortitude to stand up to the other political branches in deciding that an action is unconstitutional or otherwise unlawful. In maintain their role in standing up to other political branches and refraining from remaking the law, Judges must have the ability to tune out criticism, so that they are able to stand up for unpopular positions. In their conduct, Judges must maintain a proper demeanor, keeping emotions in check, be collegial, and have the ability to work with colleagues and learn from them in order to reach the best decisions. And finally in reaching their decisions, Judges must be clear in explaining their reasoning behind a decision. Of course, for us to be good judges and good umpires, the rule-makers can help by drafting rules that are as clear as possible. And, in the federal system, that means Congress.

Client Reviews

Many years after retiring from the USN, I suddenly found myself in a very unwelcome legal matter with the Navy. It was a total shock and I was very concerned as to the impact this would have on me and my...

Rob

I was facing accusations that would not only ruin my career but my life. When I hired Mr. Freeburg, he gave me the hope that everything would be turn out great. He put a great team together along with my...

Air Force Anonymous

Phil Cave has helped me through NJP and restoration of my security clearance. He even came to visit me in Spain. I never thought I would work again and he certainly through with advise and guidance that we're...

Bryan

Mr. Nathan Freeburg fought and won a war for me. A war where my life was on the line. The week of trial was extremely long but he never seemed like he was tired. The prosecution were getting whittled down each...

Navy Anonymous

Mr. Cave saved my military retirement! His promise to me from day one was that he would fight as hard as he could he right the wring that had been done to me. And he did! I am so very thankful and grateful to...

Crystal

Mr. Freeburg is passionate about justice and upholding the law and dignity of the court. He is brave and bold in his ability to represent his clients amidst the attempted intimidation and procedural pressure...

Navy Represented

The Army and prosecution was pushing for me to take a Chapter 10. But Mr. Freeburg made me confident we could win. We went to trial and he crushed them in cross examination and he saved my career.

Vince

Contact Us

  1. 1 Free Consultation
  2. 2 Over 40 Years of Experience
  3. 3 Dedicated to Military Law
Fill out the contact form or call us at 703-298-9562 to schedule your free consultation.

Leave Us a Message