I recently took over a case from a pro se whose case had been dismissed on a summary motion. The judge was livid that the pro se had not retained counsel before the opinion was rendered. (I brought a motion for reconsideration.) His irritation arose from the fact that his opinion was wrong, everybody knew it, and would probably now be reversed. Unfortunately, he simply couldn’t allow his friends (opposing counsels) to get beat by an uppity pro se.

No one wants to look stupid but in this case, I am not sympathetic. Had hizzoner done the right thing in the first place, none of this would have happened. Instant Replay!!!

AJ, most of the common calls in the NFL are “strict liability,” so to speak (off sides, false start, holding, etc.), but there are mens rea levels for many others that can either determine whether a foul occurred or the level of severity of the foul: intentional vs. incidental facemask; “neglectful” (foul) vs. incidental (no foul) contact on pass interference. Although they do not use the term, all personal foul and ejection calls essentially involve the official rendering judgment regarding the player’s “mens rea” in committing the personal foul. Same in baseball with, say, beanballs.

Perhaps you don’t follow football….

2. Also, you don’t explain how one is to tell when a judge gets a call “right”. Since appellate panels are usually appointed in a politicized process, and en banc or SCOTUS reversals are reversing the decisions of panels, not individual judges, how do you set your criteria?

3. Most important, what’s your suggestion for improving the quality of judiciary performance?