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Pa arden eee oe Tore Tee BE WON BY SHIELDING’ JUDGES ~ * FROM PUBLISHED | CRITICISM ) WRONGLY APPRAISES THE CHAR, ~ aMrRin aN Pifhim . ewan ne. “VA VR SERA Vay ““@PINION. For # ts a prised Amer "eas privilege to speak one’s. mind, <-aiftougs not always with perfect goed . “taste, on all public institutions. And | am enforced silenc’, however imited, eee me of preserving the of the bench, would probably engender resentment, suspicion, and "| contempt much more than it wenld ~ enhance respect.” °°’ as ae .,, in the same case Mr. Justice Frankfurt- “er, though dissenting on’ other grounds, agreed with this basic concept in ‘the fol- lowing words: / +. “Just because the holders’ “ef judi- _ Clal office are identified with the in- 7 ‘terests of justice they may forget their ° ¢emmon human frailties and fallibii- ties, There fave sometimes been “.martinets upon the bench as there _, have also been pompous wielders of |, Suthority who have used ihe payapher > | nalia of power in support of what they ” -y' Called their dignity. THEREFORE - . JUDGES MUST BE KEPT MINDFUL : - OF THEIR LIMITATIONS AND OF _ THEIR ULTIMATE PUBLIC Re-- SPONSIBILITY BY A VIGOROUB -. / STREAM OF CRITICISM. EX- ; - PRESSED WITH CANDOR HOW. | EVER BLUNT.” |. : | And he then fortified his “statement by : quoting Mr. Justice Brewer's 1898 ‘Lin* coln Day Address as above quoted. > '” gl .. The late Mr. Justice Jackson, who rea: | . ‘dered many Valuable services as 8 mem- ' Ber of the American Bar he in his last! . the date of hiz untimely death, in his book ‘The Supreme Court in the Ameri- can System” (Harvard University Press, S, “A aa o to ¥ 1955) affirms the essentiality of profes- sional criticism. See for example, the quotation reprinted fn the February, 1958, issie of thé American Bar Association | Journal, page 189, in which he singles gut | : “acceptance or criticism by the profes ‘son’ as one ‘of the important criteria in’ raising - decision’s “real weight in, nr cases.’”.. _— sub: aaa 4S ne I> Senate gave Mr. Hughes's be Stone regarded i as. eevee * “Awholesome thterest . Court was doing.’ ‘I bate né pa’ 8 the justice commented, ‘with rie opm, i * plaint that critictam ef: jadichl ‘a ‘ ” tion involves any lack of respect fer le *, was not borrified in 18937 . dent Roosevelt’ went on ' packing spree. Them, as ? | believed that even the unjust : "on the Court had left *. ‘the only wounds fret ~ ; i ‘ suffered have been self-inflicted,’ *.°" '. The severest critics of the ¢ “Jorities over the years have ‘senting members, whos¢ . in this respect do not differ from oe on gt of the bar of ot Se 4 es Author or | Editors: ates | Clase, or ' Characters | Page: