.... he is seen to have been over-ruled by his peers. Professionals of all
kinds, and most people in general, don't like to have been shown to have been
wrong. So his pride and reputation suffer. The most effective discipline is said
to be self-discipline. I have no idea if judges compare themselves to one
another to see who is doing best, but it would be very surprising if they did
not to some extent. They are human, after all, and most people do feel the need
to be competitive and ideally always winning. So being over-ruled by an appeal
court must come as something of a disappointment, except possibly in a very few
cases where a judge was so fed up with a case that he may have intentionally
allowed it to go to appeal to become someone else's problem. I have no proof
that such things ever happen, but did wonder, with some aspects of SCO, whether
Judge Kimball may have felt considerable relief that the problem had gone
elsewhere. [ Reply to This | Parent | # ]
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