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Another Take on Civil Liability

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Last week we had some discussion of a WaPo op-ed by USCA2 Judge Jon Newman on civil remedies for police transgressions.  See my post on Friday and Bill's on Saturday.  For another perspective, see this post by L.A. Deputy Sheriff Sean Van Leeuwen at the blog of the Association for Los Angeles Deputy Sheriffs.

Here's an idea.  Let's make Federal Appellate Court judges civilly liable for every decision they have reversed by the Supreme Court.  Unlike cops, who have to make real time decisions affecting legal rights, often under life-threatening circumstances, judges have the luxury of time, law clerks and quiet, safe, well-appointed chambers to make sure their legal decisions are correct. Why shouldn't they be accountable for rendering legal opinions the Supreme Court determines are wrong?
Interesting thought.  If Judge Stephen Reinhardt of USCA9 had to fork out cash for every decision of his the Supreme Court later determined was wrong, he would be standing on a street corner with a cardboard sign.

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Better yet, make defense lawyers accountable for the damage the client does after he beats the rap because of a deceptive story handed to the court.

Accepting error is one thing. Accepting deceit is another. And accepting future criminal depredations to the innocent from a thug who got off through slickness is yet a third.

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