The Gazette 1982

JULY/AUGUST 1982

GAZETTE

Bench "Commandments" — US style

VI Don't fear reversal. Reversal by a superior court now and then keeps judges on their toes. It teaches them to be careful and industrious; it curbs impetuosity and nurtures judicial-mindedness. Do not keep a record of reversals. Record keeping may make one too cautious — so sensitive to committing error that it deprives one of the intellectual courage that should be the hallmark of a good trial judge". VII There are no unimportant cases. "You must give the same conscientious attention to everymatter that comes before you. We may think cases can be classed as important and unimportant, but litigants do not feel that way. Their case is very important to them, and itmust be to us. We must not let ennui overcome us. The work of judges is too important and the results of their action too far reaching". VIII Be prompt. Perfection is a laudable aspiration, but for a trial judge it is not necessarily a virtue ifit causes undue delay. It is not necessary to write a law review type of exposition on each issue presented. "Brevity is a commend- able brother virtue of promptness". IX Common sense. One of the principal tools of a good judge. "You might be able to get by as a judge if you don't knowmuch law, but youjust can't make it without common sense". X Pray for divine guidance. If you believe in a Supreme Being, you should pray to Him for guidance. Judges need that help more than anybody else. • MARRIAGE COUNSELLING can we help? Catholic Marriage Advisory Council. Contact: The Secretary, C.M.A.C., 35 Harcourt Street, Dublin 2. Telephone: 780866 or consult the Telephone Directory for your local centre. Comment — continued from p. 123 large burden on the Local Authority and the Local Authority may, in turn, reasonably ask for the Central Bank or the Government to stand behind the deposit receipts issued by Merchant Banking Limited. There is precedent in the Irish Trust Bank case for the State protecting depositors and there is a strong argument for saying that, where there is strict control on the monitoring of banks and the taking of deposits, the natural corollary is that either the banking system or the State should stand behind any licensed bank which fails. An early assurance, either from the Local Authority that it will carry out the outstanding works on these estates at no cost to the owners or builders, or from the Government that the State will honour the deposits concerned, is urgently needed. •

Twenty-one years ago Edward J. Devitt, ChiefJudge of the US District Court for Minnesota, published "Ten Commandments for the New Judge" in the "American Bar Association Journal". They were aimed at 73 newly-ap- pointed Federal Judges; recently 152 new Federal Judge- ships were created and Judge Devitt considered it approp- riate to revise the "Commandments", the following is a summary from the ABA Journal presentation of April 1979. I Be Kind. Ifjudges could possess but one attribute, it should be a kind and understanding heart. II Be Patient. Viscount Kilmuir, a former Lord Chan- cellor of England, once said: "There is much to be said for the view that a kindly and patient man who is not a profound lawyer will make a far betterjudge... than an ill-tempered genius." Judge Tebbitadds:".. . j u d g e s owe it to lawyers to let them make their points. It may well be that they can change our minds. At least they are entitled to try". III Be dignified. Don't go around putting on airs, but possess an appreciation of the great prestige of the judicial office and of the respect accorded it and its occupant. IV Don't take yourself too seriously. A spouse who periodically observes "Don't get so 'judgey' " is recom- mended, and Judge Devitt quotes Judge Harold R. Medina: "We cannot deny the fact that ajudge is almost of necessity surrounded by people who keep telling him what a wonder- ful fellow he is. If he once begins to believe it, he is a lost soul." V A lazy judge is a poor judge. The road to success on the bench is the same as in any other field of human endeavour. It must be characterised by hard work. Some people, and many lawyers, think that a judgeship is a sinecure —a formofretirement for the hard-workingpracti- tioner. This is not the case. The truth is that you must learn to be a judge. It takes study and time. Local Authorities and the Press (continued from P. 132) who is not otherwise entitled to admission, shall be admitted to such meeting upon producing a document which is signed by the proprietor or editor of the newspaper or journal which he claims to represent, stating that he, the said person so desiring admission, is the representative of such newspaper or journal. 2. A resolution of a council, board, or commissioners to exclude from its meetings representatives of the press, if sanctioned by us, the Local Government Board for Ireland, shall, from and after the date at which such sanction shall be given, be valid and take effect in the manner and to the extent therein mentioned. Given under our seal of office this ninth day of February, in the year of our Lord one thousand nine hundred and three. (Signed), George Wyndham. H. A. Robinson

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