Thursday, March 30, 2006

A Loose Canon

The American Bar Association's Model Code of Judicial Conduct, Canon 1:

A. An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining and enforcing high standards of conduct, and shall personally observe those standards so that the integrity and independence of the judiciary will be preserved. The provisions of this Code are to be construed and applied to further that objective.


Deference to the judgments and rulings of courts depends upon public confidence in the integrity and independence of judges. The integrity and independence of judges depends in turn upon their acting without fear or favor. A judiciary of integrity is one in which judges are known for their probity, fairness, honesty, uprightness, and soundness of character.

Honesty, uprightness and soundness of character:

Amid a growing national controversy about the gesture U.S. Supreme Court Justice Antonin Scalia made Sunday at the Cathedral of the Holy Cross, the freelance photographer who captured the moment has come forward with the picture.

"It's inaccurate and deceptive of him to say there was no vulgarity in the moment," said Peter Smith, the Boston University assistant photojournalism professor who made the shot.


Smith was working as a freelance photographer for the Boston archdiocese's weekly newspaper at a special Mass for lawyers Sunday when a Herald reporter asked the justice how he responds to critics who might question his impartiality as a judge given his public worship.

"The judge paused for a second, then looked directly into my lens and said, 'To my critics, I say, 'Vaffanculo,' " punctuating the comment by flicking his right hand out from under his chin, Smith said.

The Italian phrase means "(expletive) you."

And don't get me started on Canon 2 and Canon 4.

Follow the second link for a photograph of the un-American jurist making an obscene gesture with his repulsively fat fingers.

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