« Wal-Martization of America | Main | Questionable Priorities »
Thursday, September 01, 2005
Separation of Powers Doctrine
D
espite the Constitution's bar to legislators meddling in a judge's decision-making, Rep. James Sensenbrenner (R-Wis.) apparently cannot help himself. He recently tried to impose his understanding of sentencing law on a case in federal court. He failed. But his intentions should worry the public, because putting the judiciary under the control of the legislative branch is the antithesis of our democratic system.
W
hat displeased the chairman of the House Judiciary Committee was that a three-judge appeals panel let stand a sentence of 97 months instead of ordering the statutory minimum of 120 months. In a letter to the Court of Appeals, Sensenbrenner complained about the decision and directed the chief judge to report back as ''to what steps the Court of Appeals intends to take to rectify the panel's actions.''
S
ensenbrenner's letter, which arrived while the case remained alive in the court, was sent to the appellate panel, the attorney general and the ranking Democrat on the House Judiciary Committee, but contemptuously ignored the defendant's attorney.
S
ensenbrenner has attempted to interfere with sentencing decisions before. In 2003, he subpoenaed a U.S. district court to testify on the judge's sentencing practices. The American Bar Association called Sensenbrenner's action ''unprecedented'' and added: ''It represents a significant threat to the independence of the judiciary and to the separation of powers doctrine.''
T
he integrity, impartiality and independence of the courts are the crucial attributes of our legal process and Constitution. Sensenbrenner should be safeguarding these principles. Instead, his conduct threatens them and seeks to intimidate federal judges.
T
he rules governing judicial conduct caution judges to neither initiate or consider communications outside the presence of the parties or their attorneys. This prevents bias, prejudice and exploitation, which one-sided communications can precipitate. As a lawyer, Sensenbrenner knew better than to pull such a stunt.
I
t is to be hoped that we have seen the last of Sensenbrenner thumbing his nose at the Constitution.
Posted by fm on September 01, 2005 at 12:31 AM