A bit off topic but this really pisses me off. Why are there no consequences for judges who get overruled on appeal?
They seem to not care a wit. They can just make whatever ruling based on their personal preference and a higher authority has to come in and clean up their substandard work product.
Where is the accountability. When a judge gets overruled the higher court is basically saying you suck as a judge, don't understand the law and or the constitution, your logic is flawed and your legal theories lack justification.
I know of no other profession where your job performance means nothing.
I suggest a 3 strikes and our out law. If a judge is overruled 3 times you are out, you have proven you are a poor judge and should seek employment elsewhere, perhaps the food service or house keeping industries.
Perhaps that would focus the judges on their legal obligation instead of their personal preference.
Sorry for the rant.
I have a looong list of fixes we need, but here’s the relevant part to your comment:
- Incompetence. Every judge’s rulings are recorded and kept track of/made public for final disposal. On the anniversary of their swearing-in date, every judges’ caseload (from that seat) is looked at, and those with more than 10% of their rulings having been overturned in higher courts are automatically fired, and ineligible for any other judgeship within that State, or Federally, for ten years. A higher court can overrule this, but no more than once every three years for any individual judge.
- obviously authority. Judges can only issue “nationwide” injunctions within their area of jurisdiction. If they want to do anything outside of their little fiefdom, they have an accelerated back door to request that the lowest court with the jurisdiction required issue an emergency whatever-it-is, no more than one or two levels higher than their current seat. SCOTUS (maybe even lower circuits) has an option to force a recall attempt if a judge is doing this too much.