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David Corn: Kavanaugh in 2015:A Judge Must Keep "Emotions in Check" and Not Be a "Political Partisan
https://www.motherjones.com/politics/2018/10/kavanaugh-in-2015-a-judge-must-keep-emotions-in-check-and-not-be-a-political-partisan/Kavanaugh in 2015: A Judge Must Keep “Emotions in Check” and Not Be a “Political Partisan”
And, the Supreme Court nominee said, “don’t be a jerk.”
David Corn
October 1, 2018 1:53 PM
snip//
Judicial temperament—and its importance—is a topic much discussed by legal mavens. One described it this way: “Judicial temperament, at its best, is a form of restraint that appears as an even-handedness of vision, a thorough-going fairness that eschews anger in favor of reason and clings to respect of all parties as an essential ingredient for the operation of justice.” Certainly, Kavanaugh’s testimony did not meet those standards.
And Kavanaugh’s appearance might not have met his own standards for judicial temperament.
In 2015, Kavanaugh gave a speech—titled “The Judge as Umpire”—at the Columbus Law School at Catholic University. It was during this event that he now-infamously said, “What happens at Georgetown Prep stays at Georgetown Prep.” But later in the speech, Kavanaugh explained the importance of judicial temperament. He described the attributes required for a “good judge”: to have the “proper demeanor,” to keep “our emotions in check,” to be “calm amidst the storm,” and to “demonstrate civility.” And, Kavanaugh added, “Don’t be a jerk.”
Here’s what he said:
To be a good judge and a good umpire, it’s important to have the proper demeanor. Really important, I think. To walk in the others’ shoes, whether it be the other litigants, the litigants in the case, the other judges. To understand them. To keep our emotions in check. To be calm amidst the storm. On the bench, to put it in the vernacular, don’t be a jerk. I think that’s important. To be a good umpire and a good judge, don’t be a jerk. In your opinions, to demonstrate civility—I think that’s important as well. To show, to help display, that you are trying to make the decision impartially and dispassionately based on the law and not based on your emotions. That we’re not the bigger than the game…There’s a danger of arrogance, as for umpires and referees, but also for judges. And I would say that danger grows the more time you’re on the bench. As one of my colleagues puts it, you become more like yourself—and that can be a problem.
The Ford-Kavanaugh hearing was a highly charged event, and a challenging moment for them both. But that afternoon, Kavanaugh did not display the qualities he cited for a “good judge.”
Also in that 2015 speech, Kavanaugh made another key point: “First and most obviously,” a judge cannot be a “political partisan.” A jurist, he added, must “avoid any semblance of…partisanship.” At the hearing, Kavanaugh did not demonstrate the ability to put aside partisanship.
The Kavanaugh nomination now depends on what, if anything, the new (and limited) FBI investigation unearths. But the questions about his judicial temperament—justifiably triggered by how he handled himself at last week’s hearing—will linger and remain unresolved.
