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May 08, 2007 08:27 PM UTC

Carol Chambers Speaks Out About the Right and the Public Need for Criticism of the Courts

  • 11 Comments
  • by: tiltawhirl

a KnowYourCOURTS.com exclusiveThe Post is abuzz, once again, with word that Carol Chambers is on the hotseat with John Gleason’s Attorney Deregulation Council (pun intended). A Denver Post schaudenfreud editorial) posits, “After a humiliating public censure by a disciplinary panel last December, we had hoped that suburban District Attorney Carol Chambers would fly a straight and narrow course.”  Given that Chambers is a Republican, we doubt the Post’s editorialists hoped anything of the sort.
  Chambers emailed1 KnowYourCOURTS.com, yesterday, and had this to say:

“Do people otherwise think that the legal profession and the legal system are without fault?  If there is no criticism, do people think that there is nothing to criticize?  Does criticism make a system better or worse? 

“I realize that judges believe that any criticism of them undermines their stature and respect for the legal system.  I think that is unrealistic and an outdated value.  People know that judges make mistakes and sometimes do things they should not.  They are not so naive to think that there is nothing to criticize within the legal system.

“If we do not allow criticism, do people think we are hiding something from them and that they are not getting to see what is really going on?  Our constituents are more sophisticated than to think that judges are somehow always noble, always fair, always wise, or always right.

“Criticism will only make our legal system better.  We must test our processes and our government with public discussion and input to keep it honest, accountable, efficient, and, hopefully, improving.”

Whether Chambers’ emails contained any veiled threat or whether her wording, “docket control problems,” was a lapse in good judgment is certainly up for subjective debate.  However, we think she got it right in defense of her past criticisms of the courts in Araphahoe County. Apparently, so, too, does Professor Monroe Freedman, writing in the Hoffstra Law Review that, “The problem is not that too many lawyers are publicly criticizing judges. Unfortunately, too few lawyers are willing to do so, even when a judge has committed serious ethical violations and should be held accountable.” Freedman, The Threat to Judicial Independence by Criticism of Judges-A Proposed Solution to the Real Problem, 25 Hofstra L. Rev. 729, 729 (1997).

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Comments

11 thoughts on “Carol Chambers Speaks Out About the Right and the Public Need for Criticism of the Courts

  1. It is understandable that someone like Carol Chambers would draw the wrath of John Gleason and the Attorney Deregulation Counsel not to mention certain members of the Colorado judiciary (modern-day San Hedrin). She is everything that they are not including honest, ethical, professional, and moral. Her candor in reflecting upon her profession and the courts is refreshing and does great service to the citizenry of Colorado whereby the OARC does not.

    I think that we should declare today to be “Carol Chambers Appreciation Day” in Colorado and rally to her support

    1.   While I support her for being critical of the judiciary (where appropriate), I didn’t say it was okay to use her office to “help a fellow Republican” (if that’s true –I don’t know; I never got up to speed on that story) and, if she was, indeed, threatening to backlog the court dockets (as opposed to describing a logical consequence of judicial conduct), which I also have insufficient information about.  I don’t work with Carol Chambers, so I can’t say, for certain, that she’s “ethical, professional and moral.”  From her email and a few other comments, one could infer that, sure but, there are other metrics besides a few emails.

      1. is just fine with me.  I do not know much of Carol Chambers other than what I read,  and if she is rattleing some cages and it brings some light to the subject-I am all for it.  These members of the judiciary need to be brought down from Olympis and have their feet firmly planted on the ground and stand in the sunshine as the rest of us do.

      2. it’s pretty obvious to me that she committed the unspeakable crime of “Lawyering While Republican.”  As a practical matter, it’s hard to intimidate a judge when you’re not even speaking to that judge.

        Our own DA has told me that he does criticize judges to their faces in chambers, but certainly with fear and trembling, as he well knows that they are all petty tyrants.  Carol Chambers tried a softer, less confrontational approach, but didn’t do anything that would warrant this kind of harassment.

        Can you imagine what would happen if every defendant demanded a jury trial?  If a radical PD wanted to muck up the works, all he would have to do is refuse to waive speedy trial rights and never plead out a case.  The system would grind to a halt.

    2. I just get the feeling that the lady is in over her head and is an intellectual bully who doesn’t have the smarts to stay out of trouble.

      The Rocky went after her today and practically demanded that a Republican challenge her in next year’s primary election. I bet she won’t run.

      1. I was wondering if anyone would pick up on that editorial (http://www.rockymoun…), where the comment was made:

        “Two observations: Judges run the courts, not lawyers, and they don’t intimidate easily. They have their little ways of bringing prosecutors and defenders alike to heel . . . However the Attorney Regulation Counsel [OARC] rules on her case, Chambers should think twice the next time she is tempted to issue a truculent manifesto and instead concentrate on prosecuting bad guys.”

        So, I have a question:  If one of the judges is the bad guy, who’s taking him to task?  (The answer: http://www.knowyourc… ). I, too, have a couple of my own observations:  First, the editorialist’s comments that Judges run the courts, don’t intimidate easily and have “their little ways” of bringing folks to heel is a stunning (albeit inadvertent) acknowledgment that some judges are, apparently, petty tyrants  –the very sort that Chambers appears to be complaining about.  Do we want “petty tyrants” running our courts?  Second, the editorial appears to be based on the false premise that the OARC is a reputable regulatory agency.  As we’ve revealed on our pages, the OARC is an illusory, specious group of thugs, who disregard the disciplinary Rules, make up their own as they go along and are not accountable.  At least that what former CBA President, Ben Aisenberg appears to have opined (see email http://www.knowyourc…).  So, too, does Jack Tanner, CBA Ethics Committee member (see email http://www.knowyourc… ).

          However, all is not lost!  There was a newsflash, today: John S. Gleason, head of the OARC, sprang into action, “to protect the public!”  –Yes, indeed, the Colorado Attorney Deregulation Council, which provides safe haven for all unscrupulous lawyers in the state, filed a petition today for the license suspension of Royan “Scoop” Daniel, “to protect the public,” (said John Gleason, the head of the deregulation office).  Daniel, a prominent Breckenridge lawyer missing for more than a week, is believed to have fled to Brazil and authorities are trying to account for between $1 million and $1.5 million of money from several property sales. http://www.rockymoun

         

  2. Submitted to the Rocky:

    Gentlemen:

      In its predictable and ill-advised denunciation of District Attorney Carol Chambers, the Rocky argues that prosecutors should focus on prosecuting bad guys.  But what do you do when a judge is “the bad guy?”

      Colorado judges commit felonies on an industrial scale because they can, and the Rocky’s editors candidly explained why: “Judges run our courts … [and] have their little ways of bringing prosecutors to heel.”  While in theory, judges are as accountable to the law as the rest of us, there isn’t a single prosecutor in the state who has the courage and character to prosecute[1], because they know that retaliation by the judges’ guild will be swift and terrible.  Our Commission on Judicial Discipline is equally feckless.  A former judge can even be caught red-handed stealing a laptop computer; the State invariably turns a blind eye to black-robed crime.

      Back in America’s glory days, we could count on the Fourth Estate to keep a close watch on our judiciary.  Sadly, “investigative journalism” has become the exclusive province of the blogs, as all that passes for “news” in the corporate press is insipid wall-to-wall coverage of JonBenet, Natalee, and Anna Nicole.  The Rocky has become scarcely more than a local Sports Illustrated, and I am often forced to get my news from New Zealand.

      Kudos to District Attorney Chambers for showing the kind of character and professionalism not often seen among that subclass of craven invertebrates otherwise known as lawyers.  Pity that our modern journalists and newspaper editors don’t have any more of a spine.

    [1] Evidence of same: http://home.earthlin…  http://home.earthlin

    1. I’m not clear about what got Chambers upset or what has prompted your proposed solution. You can answer here or on your diary.

      Sorry to be so dense, but I need clarity, please.

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