October 1, 2009
Congratulations to Two New Bankruptcy JudgesCatherine Bauer and Deborah Saltzman, both of whom will sit in Riverside, probably the first of next year. The announcement can be accessed here.
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It is highly inane and most certainly a conflict of interest recipe, that Dist Ct and Cir Court judges are nominated and confirmed by Congress
those Judges who make hundreds of millions and many even billions of dollars in decisions, some even weekly so
hand-picked by the Circuit, who governs the appeal process over their selections.
With the perpensity of the BK Courts to establish precedents that are contrary to Constitutional Law, such as the dismissal of Article III standing where BK courts stipulate they can (willy nilly) refuse one the right to address grievance as it is "RULED" that they are not a person aggrieved
The Selection of BK Judges should therefore be Nomination Presidential along with Congressional approval.
The "courting" of big fee cases and the competitive drive for such, that induces the desire to make the Law secondary concludes the issue prima facie.
Our system hypocritically is purported to be the most Noble Law of the land/world whilst all Law Proofs stand by idle and watch this mockery of their life's work flourish and become so entrenched that there are many cases operating abundantly contrary to the LAW.
Where is the backbone that made America great?
Posted by: Laser Haas | Oct 1, 2009 8:36:41 AM
Actually, it's a pretty good system. While the circuit judges make the appointment, they choose based on recommendations from a local merit selection panel. While the system is slightly biased in favor of local candidates (since a local committee reviews the applicants), there is usually no connection between the circuit judges and the bankruptcy judge-designate. On the other hand, political appointees tend to be people with political connections. While there are drawbacks to any system, nearly all bankruptcy judges appointed have extensive experience in the field and many are recognized as the best and the brightest by their peers.
Posted by: Steve Sather | Oct 6, 2009 9:55:26 AM