Appellate Advocacy Blog

Editor: Tessa L. Dysart
The University of Arizona
James E. Rogers College of Law

Monday, September 23, 2019

We need more activist judges

Yes, the title of this blog is designed to raise eyebrows.  But no, I am not arguing for judicial activism as defined by the right or the left.  Rather, I am arguing for a court that takes an active role in legal education. We need judges--state and federal--who visit law school classes, speak at campus events, teach classes and seminars, take interns, and otherwise engage in legal education in their state.

Since moving to Arizona, I have been astounded at how involved that state and federal judges are at the state law schools.  For example, each academic year the state Supreme Court and the local appellate court hold arguments at the school where I teach.  The local appellate court also welcomes students in our brief-writing course to its courtroom each semester to give their final arguments, with all of the judges and many of the clerks and staff attorneys serving as judges for the arguments.

Current and retired appellate judges and justices teach courses at the law school. They also attend campus events, give lectures at orientation or to student groups, judge competitions, and attend social events.

While I see the state judges on campus the most, the federal bench is also active.  The federal judges are also good about judging competitions and speaking at or attending events.  They also take a lot of student interns, and I always hear from students about what a great opportunity it was to intern at federal court.

The advantages of an active, engaged bench are profound.

First, judges make great mentors and role models for the students.  Students are often more likely to listen to advice from judges, especially on topics like professionalism and civility, which are extremely important skills for students to learn.

Second, and related, judges reinforce what is said in the classroom.  I can count on one hand the number of times that I have heard a judge give advice on brief-writing, advocacy, or professionalism that I disagree with.  Generally, we are all on the same page, and, to the extent that we want to produce excellent future lawyers, we are all on the same team.

Third, our students are likely to give and do their best if a real judge is involved in an event or competition.  While some students still care about impressing professors, nearly all of them care about impressing judges.  They rightly see judges as a possible future employer and/or someone that they should try to impress.  

Finally, having judges involved gives faculty a break. I can judge arguments, competitions, speak at events, and socialize, but it is so nice to have local judges who are willing to step into that role.  Sometimes, after saying the same things over and over, we faculty members just need a break.  Thankfully, we have enough judges in Arizona who lend a helping hand that they can get a break too!

I want to thank all of the state and federal judges who devote so much time to making law school a better experience for students.  Your hard work does have an impact!

 

https://lawprofessors.typepad.com/appellate_advocacy/2019/09/we-need-more-activist-courts.html

Appellate Advocacy, Law School, Legal Profession, State Appeals Courts | Permalink

Comments

This article needs a qualifier. We need "GOOD" activist judges. I have encountered VERY FEW "GOOD" judges. Many are politically motivated, want only votes in their reelection, fail to read and keep up to date with the law, do not know how to write, have never tried a case, and are generally poor jurists. Let's face it, judges are not what they were 100 years ago. It is embarrassing to walk into a courtroom only to see a judge who knows nothing about the subject matter, come in late, leave early, and be ambivalent to everything. "I'm here for the check" is what every judge's robe should have embroidered on it.

Posted by: Person1 | Sep 24, 2019 3:46:24 AM

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