Quote:
Originally Posted by Gamblor
Of course not, judges are human too, and their logic is assailable. but they typically are brilliant purveyors of logic, and it is extremely hard to do so. if you are suggesting that judge's decisions are made in backroom political manouvres, i am going to have to suggest that, barring the odd corruption scandal, this must be a strictly American phenomenon.
Things must be very different in Canada. I practiced law in the U.S. for 12 years. In that time I probably practiced in front of over 100 judges in state and federal courts. Among the gems that came from these brilliant purveyors of logic:
1. I once watched a judge stop the cross-examination by defense counsel of a police officer by saying, "Mr. X, what are you doing? We do not impeach the credibility of police officers in my courtroom."
2. I once watched a judge condition granting bail to a criminal defendant on the defendant's waiver of his right to a speedy trial.
3. I once saw a federal judge use leading questions to rehabilitate the credibility of the government's star witness after the witness was shown by the defense to be lying.
4. I once had a federal appellate court steal about $110 million in property from my client. The property had been awarded to my client by a previous appellate court, and with no appealable issue in front of it regarding title to the property, a later appellate panel reversed the previous court and awarded title to the property to "the public" (which, needless to say, was not a party in the case).
5. I once saw a judge respond to a hearsay objection by saying, "overruled; yes, it is hearsay, but it is interesting hearsay," and then go on to convict the defendant on the basis of that exact testimony.
6. A prosecutor once accidentally sent me in discovery correspondence between him and the judge (to which I had not been contemporaneously privy) in which the prosecutor convinced the judge to rule against my pending motion.
7. When I was a prosecutor, I once saw judge do the following: In the summer, he forgot to enter a standard condition of probation when he convicted a guy. In the fall, the defendant was brought before him for violating the non-existent order. The judge, seeing that he had forgotten to order the condition, entered it in the fall, backdated it to the summer, convicted the defendant of violating the order, and then incarcerated the defendant.
Only in the last of these examples was the judge disciplined (he was permanently removed from the bench).
I don't know how things are in Canada, but everywhere I have practiced, a significant majority of judges are mere tools of the government, and a significant minority have been affirmatively corrupt in their favoritism for the government.
Relying on judges to correct the sort of prosecutorial overreaching we see in the OP is a huge mistake, at least everywhere I have practiced. I can think of only maybe 3 judges that would quash this subpoena.