Jacob Gersman writes in the Lawblog:

To err is human. To make a mistake and stubbornly refuse to acknowledge it — that’s judicial.

So says Judge Andrew D. Hurwitz of the Ninth U.S. Circuit Court of Appeals, who in a new essay argues that judges should get over their fear of fallibility.

His article — appearing in the Arizona Law Review — is timely. Law Blog and other legal observers have pointed to several factual holes, mostly of minor importance, in some recent Supreme Court opinions.

Judge Hurwitz’s intent isn’t to pile on, he says, but to encourage judges at all levels to be less shy about confessing to goofs:

My thesis is that we all would be better off if judges freely acknowledged and transparently corrected the occasional “goof.” Confession is not only good for the soul, it also buttresses respect for the law and increases the public’s understanding of the human limitations of the judicial system.

Most of the time, in his court at least, judges correct opinions without comment. Judge Hurwitz writes that when judges do explain their errors, they do so grudgingly and “go to extraordinary lengths to avoid changing the ultimate outcome.

The full article is here.