Wednesday, February 20, 2019

Judge Karnow exhorts: Tear down the walls!

Image result for the wallIn Dissolving Legal Barriers, SFSC Judge Curtis Karnow addresses how "Trial judges and appellate justices rarely interact across their courts. Judges and lawyers have sporadic, desultory contact at e.g., Inns of Court and bench-bar conferences, and there's little communication between law schools and practitioners." He points out that "we're all engaged in the same effort: to deliver fair and efficient legal services to the parties in our courts," yet "no one is talking to anyone else." "The divide among members of the legal profession is grim, because no one works well in a silo."

He urges appellate justices to sit as trial courts -- and assures "an eye-opening adventure" -- and believes that trial judges pro temming on appellate courts should be done "routinely" (rather than to fill temporary vacancies or as "a sort of treat"). He urges lawyers to act as pro tem judges. He urges more judges and lawyers to teach in law schools. He charges law school professors with remaining "bricked up in their towers."

"We need a new law journal. Let's have a board of professors, lawyers and judges pick the articles -- the main test is whether an item is useful to the practice of law -- and have law students as editors. The senior folks exercise the judgment in selection and the editor students work with experienced lawyers, judges and professors (it's called networking). Perhaps we'll dub it the REAL Law Journal."