Thursday, February 18, 2021

Here's some advice

Check out this published concurring opinion today by Justice Wiley, which addresses junk science and suggests that the trial court "may want to consider" the "option of a court-appointed expert," and which concludes:

This nation has a vast wealth of genuine scientific expertise, and the pandemic has been forcing our scientists to become familiar with video communication. The internet has reduced the significance of geographic distance.

You don’t need a Nobel prize winner: excellent junior faculty and even graduate students can be vastly knowledgeable, motivated, and hungry to boot. After all, few scholars are accustomed to the rates at which California lawyers bill. Authentic and objective experts thus may be surprisingly affordable, given the scholarly world’s commitment to public service and the prestige and satisfaction that can flow from a judicial appointment like this. And once you appoint that expert, it can be startling how fast the case settles. 

With concern and hope, I join the majority opinion.