102. Qualities Required from a Judge

VIEWS @ 7967

During my preparation to 'ARGUE' my case as the Appellant in my Appeal to a Master's decision to dismiss my case (and thus original claim), I am at the outset needing to ascertain clearly who I will be confronting, once I enter the Courtroom on the set date, at the appointed hour. Below is an assessment of that individual.    

"The judge is "the pillar of our entire justice system," the Supreme Court of Canada has said, and the public has a right to demand "virtually*(1) irreproachable conduct from anyone performing a judicial function." Judges must strive*(2) for the highest standards of integrity in both their professional and personal lives. They should be knowledgeable about the law, willing to undertake in-depth legal research *(3), and able to write decisions that are clear and cogent. Their judgment should be sound and they should be able to make informed decisions that will stand up to close scrutiny*(4). Judges should be fair and open-minded, and should appear to be fair and open-minded*(5) They should be good listeners*(6) but should be able, when required, to ask questions that get to the heart of the issue before the court*(7). 
They should be courteous in the courtroom but firm when it is necessary to rein in a rambling lawyer, a disrespectful litigant*(8) or an unruly spectator.

Judges come to the bench after making a significant contribution to the legal profession and their communities. Many have been active in law societies and have done volunteer and charitable work. Others have been active in politics or won elected office. Judges who have served on a lower court are sometimes promoted to a higher court, such as a provincial court of appeal or the Supreme Court of Canada."

________________________________________________________________________

(underlined and asterisked by Blogger)

NOTE: Considering the general Rules of Civil Procedure (the structured language that informs and dictates procedure), the above begs consideration.

"The Supreme Court of Canada has said, and the public has a right to demand:" 

- (8) To rein in a "disrespectful litigant." I have no intention to be disrespectful at any time. If, while in the presence of "the pillar of our entire justice system," the above description is blatantly apparent; if I am confronted by a human being who portrays her/himself as the epitome of the above prerequisites, there shall be no question as to my behaviour.

- (1) "virtually irreproachable conduct" The inclusive 'virtually,' like the eliminated 'semblance,' as in "semblance of relevance," implies room for imperfection, potential for questioning, and thus disappointment. Why not eliminate the word 'virtually'?

- (2) "Judges must strive for the highest standards of integrity.."    

Why not  replace 'strive' with 'embody,' or 'attain?'

- (3) "willing to undertake in-depth legal research." Where the 'in charge' junior Case Management Master was clueless about the subject matter that concerned the claim, (based on the online contract as it pertained to the web-site in question), it behooves the pillars of our justice system to be every bit up to date - as even the most lay public is better aware of the particulars of our rapidly changing electronic world.  

- (4) "..make informed decisions that will stand up to close scrutiny." Surely, at least those who are put in charge of these types of high-tech cases can be so educated to ultimately stand the test of close scrutiny. 

- (5) "…should, and should appear to be fair and open-minded." I say, replace both "should and appear" with either "shall" or "must"!

- (6) "…should be good listeners." A good listener hears what is being said objectively, as is, without any subjective slant in digestion.

- (7) "ask questions that get to the heart of the issue before the court." 

AYE! Now here's the tell-all rub! Within this sentence lies the Pillar's epitome of his/her objective, the very essence of the argument must seek out  the heart of the issue. 

Question: Is the appointed Judge, as a Pillar of our entire justice system > going to deal with >

 What lies at the heart of the issue?