Thursday, June 15, 2006
Seares: When a judge speaks out
By Pachico A. Seares
News Sense
In his courtroom, a judge can be loud and voluble, interrupt whoever else is talking, and rant on and get nothing more violent reply than "But, your honor..." In a written order, he can say just as much as he does orally, limited only by the fear a superior judge might find his rambling oppressively petty. Besides, there's that prize for good writing that still eludes him.
Outside the courtroom or beyond the court ruling, the judge clams up.
There's sound reason for that. His view on anything, profound or inane, might show bias a litigant can use to make him drop, or bar him from, a case.
For example: a judge's publicized view against closing public highways, like the Fred Sipalay coastal road, may disqualify the judge from the litigation.
Fresh wind
Lately however, under a program of then chief justice Jun Davide, the Supreme Court has encouraged judges to speak out, especially on terminated cases.
Most judges though have kept quiet, because they're not used to fresh wind blowing into their chamber or they don't know how or when to talk.
Many judges are control freaks. They aren't used to being made to explain (they order lawyer or witness to explain) or being interrupted (they are the ones who butt in).
SC Chief Justice Artemio Panganiban has been talking a lot lately. Hurray for transparency, but why do some judges squirm, wishing he would clam up?
For Bisaya stories from Cebu. Click here. (June 15, 2006 issue)
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