
I fear that your recent article ("SF DA calls former judge's
bar complaint attempt to curtail free speech") either unintentionally
misguides your readers away from the point of retired Judge LaDoris Cordell's
reported State Bar complaint or intentionally attempts to cast San Francisco
District Attorney Brooke Jenkins' responsive social media campaign as the
latest episode in some sort of ongoing quarrel.
Judge Cordell's reported complaint acknowledges that she has no
personal relationship with Jenkins, focusing only on the claim that Jenkins'
repeated public unwarranted criticism of a number of San Francisco County
judges lies not in any identified judicial error but only on the fact that she
doesn't like it when their lawful decisions differ from what her office hoped
to see in cases in which they regularly appear as a litigating party. Such
public judicial criticism is repeated and pursued not because it serves any
legitimate legal purpose (that is what thoughtful appellate review is for), but
solely to publicly ascribe condemnation to a judge or judges when rulings do
not go her way.
Of course,
Jenkins has her First Amendment right to the free speech that she
claims is somehow under attack by the reported State Bar complaint. However, as
an elected public officer of the court, Jenkins should be especially sensitive
to how essential it is that she consider the consequences of when and under
what circumstances that right is exercised. Social media posts are not how
disagreements with lawful judicial decisions are legitimately resolved. At a
time when all of us are depending more than ever upon an independent judiciary
to protect cornerstone principles of our liberty and those sworn to uphold
them, the reading public would benefit most from informed stories of how that
fundamental need can be best protected.
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