Friday, June 19, 2020

Courts obliged to speak out

On Law.com The Hon. Jeremy Fogel (ret.) has Courts Had an Ethical Obligation to Speak Out After George Floyd’s Death

  • Canon 2A of the Code of Conduct applicable to the federal and most state judiciaries provides judges with an express mandate to act in ways “that promote public confidence in the integrity and impartiality of the judiciary.” The courts and justices who have spoken up in response to the killing of George Floyd and its aftermath have made explicit reference to that responsibility.
  • earlier this month, several influential state supreme courts, including those of CaliforniaTexas and Washington, made formal statements both acknowledging and condemning the persistence and manifestations of systemic racism within their purview. Each of California’s seven justices made a personal pledge to examine and confront the impact of his or her own attitudes and behavior.