“IS JUSTICE FOR SALE?” WHAT’S OUR ROLE AS TEACHERS?

Judge Robert McGahey submitted the following post:

About ten days back, Chris posted a very thoughtful piece (link here) which was inspired by an article in Politico. I read that article and would offer these comments as both a judge and a teacher.

In addition to teaching Trial Advocacy courses, I also helm the Judicial Externship Seminar at DU Law School.  Per the ABA, every judicial externship requires an academic component, and that's my task.  I try to focus on issues that aren't always talked about in law school and the last class session always focuses on the how judges are selected, and the influence of politics and money on judicial decisions. I tell the students that the class is about the value of an independent judiciary in a free society – and I have them watch Judgment at Nuremberg to see how perverted a justice system can become. Knowing that some students will poo-poo the movie with "it can't happen here," I assign as extra reading articles like the one in Politico, as well as cases like Caperton v. Massey.

If Justice is for Sale, Does Advocacy Even Matter?

I had an interesting telephone conversation with my good friend Joshua Karton a couple of days ago. He wanted to know whether I thought online advocacy classes would push budding advocates further away from the human connection in the courtroom that is such a vital component of the trial advocate's art. He spoke of the relentless forces that already hinder access to courtrooms and wondered whether technology is becoming yet another barrier to justice for the poor and the powerless.

Last summer, I taught an online advocacy course. I intend to write more about that experience in an upcoming blog post. In the meantime, I must admit that my conversation with Joshua caused me to take a mental step back and try to see the big picture of the adversary trial system and identify the forces that might interfere with the search for truth and justice. 

This afternoon, I read an article in Politico Magazine online that gave me pause. In the article, I Was Alabama's Top Judge. I'm Ashamed by What I Had to Do to Get There: How Money is Ruining America's Courts. Sue Bell Cobb, a former Chief Justice of the Alabama Supreme Court writes about the corrupting influence of campaign donations on the justice system. She asks a provocative question: "How do we convince Americans that justice isn't for sale--when in 39 states, it is?"