Judges and Judiciary
Dec. 4, 2023
On criticizing judges
When I represent an appellant, my job is to win a reversal. I do that without saying that the trial judge was stupid, lazy, or bribed. I just show - with the record and the law - that the judge got it wrong. If the appellate judges choose to draw broader conclusions about the trial judge's intelligence, work habits, or honesty, that's up to them.
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
MOSKOVITZ ON APPEAL
Lawyers often find judges' quirks annoying. And losing is no fun. Plus, it's human nature to talk yourself into the justice of your cause, and bristle when someone donning a robe doesn't buy it.
So we all get frustrated at the bench once in a while. How should we vent this steam? Mostly we just suffer through it, have a drink or two, and unload our gripes and whines on the nearest bar-mate, ...
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