Trial Judges: Be Careful What You Say About The Appellate Courts!

Eugene Volokh is the editor and force behind the blog the Volokh Conspiracy. Professor Volokh teaches at UCLA Law School. His blog can be found at http://volokh.com/.  

 

Professor Volokh  had an interesting post entitled  Trial Judge Publishes Opinion With “Inflammatory” Criticism of Higher Court — Higher Court Finds Judge to Be in Criminal Contempt

 

That’s what happened in In re Kendall (V.I. Oct. 12, 2011); here’s the offending opinion by the trial judge.

 

The criminal contempt finding is also partly based on the trial judge’s decision to recuse himself from the case, which the higher court said was based on the judge’s desire to avoid following the higher court’s orders rather than on a genuine sense that he had some bias that would justify recusal.”  You can’t sit as a trial judge for any length of time and not occasionally express frustration with an appellate court (nor can you sit on an appellate court for any length of time and not get frustrated by some trial court judge) but this is a rather remarkable feud. 

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