Elections As A Cure For “Judge-Itis” Or “Black Robe Disease”
July 12, 2012
Samuel Stretton has a piece at the Legal Intelligencer on the problem of “judge-itis” or “black robe disease,” which he defines as “a judge who thinks he or she is so important that he or she can act unilaterally or arbitrarily.” Stretton outlines many of the telltale symptoms and also prescribes a cure: “The remedy is to elect judges who have more experience, who have been in the courtroom regulatory and have a certain maturity.” Another option available to voters is to remove a judge suffering from chronic “black robe disease” from office through the ballot box. Of course, this remedy is not available under “merit” selection, which basically gives judges lifetime tenure on the bench with no public accountability or oversight whatsoever – the perfect breeding ground for the spread of “judge-itis.”
