Saturday, September 12, 2009

Judging Is a Separate Profession, and Should Have Separate Training and Licensing

I asked my hair cutter how she got her license. She attended classes for 2000 hours. She took a long written exam with dermatology board exam style questions. She then had to cut the hair of three types of people for a licensing official.

Is judging as hard as cutting hair? I think so. So why are amateurs, losing political hacks, and lawyer dumbasses (a lawyer term of art, not an epithet), given the responsibility of judges for the transfer of $billions at the point of a gun from the productive to the parasitic lawyer and its parasitic client? Why are such amateur incompetents allowed to put people to death with an appalling error rate?

These incompetents, amateurs, and losers then deal themselves immunity, because they consider their decisions above accountability to the appalling, massive number of victims of their carelessness, incompetence, and idiocy.

I suggest that judging be made a separate profession from the criminal cult enterprise of the lawyer profession. The latter is in utter failure in every goal of every law subject. The lawyer profession should actually be excluded from all benches by a Constitutional Amendment. Judging is too important for irresponsible incompetents, and dumbasses.

Judging should be a separate licensed profession. Candidates should go to judge school. They should be older, and have experienced taking responsibility for decision making. For example, retired military and other who have run operations should be selected for judicial temperament. They attend 2 years of classes. The primary message should be, "Obey the law, do not make the law." The third year, they should judge cases under the supervision of experienced judges. They graduate. They take a judge licensing examination made up, administered, and supervised by the judiciary itself, to avoid a separation of powers beef.

Only licensed judges would be allowed to run for election or to get appointed by the Executive. Again, all lawyers would be excluded from entering judge school. Being a lawyer disqualifies the person because it is an advocacy profession. Judges should be allowed to get their own evidence. Today, they can be impeached if they drive by an accident scene on their own time.

Judges should be held liable for deviations from professional standards of due care for judges in their level of court. They should be protected from retaliatory, frivolous, and weak cases. It should be an intentional tort per se for a lawyer to file a case that gets dismissed on first pleading. Judges should carry liability insurance to make whole the victims of their carelessness. As their mistakes accumulate, their premiums will increase. The judge that makes a lot of mistakes will be driven out of office by unaffordable insurance costs.

Some content that would differ from a law school curriculum.

Punishment is the sole tool of the law. Judges would study psychology and sociology as the basic sciences of the law, rather than become indoctrinated in the supernatural, Catechism, wrongful doctrines of Scholasticism, taught in law schools, in insurrection against the Establishment Clause.

They would be taught the scientific version of the word evidence, scientific methods required to accumulate evidence, and the concept of reliability and validity, how they are established. They should learn modern views of accidents and catastrophes.

Inquisitorial judging should be allowed, with the judge as employee of the public, and not to become a Chinese virgin empress not allowed to do anything for herself. The spoon feeding of a judge allows the lawyers to control the trial, a public taxpayer funded affair.