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May 08, 2007 08:27 PM UTC

Carol Chambers Speaks Out About the Right and the Public Need for Criticism of the Courts

  •  
  • by: tiltawhirl

a KnowYourCOURTS.com exclusiveThe Post is abuzz, once again, with word that Carol Chambers is on the hotseat with John Gleason’s Attorney Deregulation Council (pun intended). A Denver Post schaudenfreud editorial) posits, “After a humiliating public censure by a disciplinary panel last December, we had hoped that suburban District Attorney Carol Chambers would fly a straight and narrow course.”  Given that Chambers is a Republican, we doubt the Post’s editorialists hoped anything of the sort.
  Chambers emailed1 KnowYourCOURTS.com, yesterday, and had this to say:

“Do people otherwise think that the legal profession and the legal system are without fault?  If there is no criticism, do people think that there is nothing to criticize?  Does criticism make a system better or worse? 

“I realize that judges believe that any criticism of them undermines their stature and respect for the legal system.  I think that is unrealistic and an outdated value.  People know that judges make mistakes and sometimes do things they should not.  They are not so naive to think that there is nothing to criticize within the legal system.

“If we do not allow criticism, do people think we are hiding something from them and that they are not getting to see what is really going on?  Our constituents are more sophisticated than to think that judges are somehow always noble, always fair, always wise, or always right.

“Criticism will only make our legal system better.  We must test our processes and our government with public discussion and input to keep it honest, accountable, efficient, and, hopefully, improving.”

Whether Chambers’ emails contained any veiled threat or whether her wording, “docket control problems,” was a lapse in good judgment is certainly up for subjective debate.  However, we think she got it right in defense of her past criticisms of the courts in Araphahoe County. Apparently, so, too, does Professor Monroe Freedman, writing in the Hoffstra Law Review that, “The problem is not that too many lawyers are publicly criticizing judges. Unfortunately, too few lawyers are willing to do so, even when a judge has committed serious ethical violations and should be held accountable.” Freedman, The Threat to Judicial Independence by Criticism of Judges-A Proposed Solution to the Real Problem, 25 Hofstra L. Rev. 729, 729 (1997).

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