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by threatofrain
1641 days ago
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Is a judge crossing ethical boundaries when they have their clerks research into technical, medical, historical, policy and scientific matters, or even case law from another nation? I believe this happens all the time. Aren't judges also free to consider or disregard information from friends of the court? |
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An article from an official provincial court's website about whether judges can use their own subject matter knowledge to make a decision:
https://www.provincialcourt.bc.ca/enews/enews-16-02-2016
The ABA's position on the issue, although it focuses mostly on using the Internet for research, it also touches on researching subject matter facts more generally:
https://www.abajournal.com/images/main_images/FO_478_FINAL_1...
A much more formal and comprehensive treatment of the subject, that goes into details about the difference between researching questions of law vs. questions of fact:
https://www.law.cornell.edu/rules/fre/rule_201
Appellate court reversing a trial court's decision over the judge's independent research, even when that research was correct/valid:
https://www.wiggin.com/wp-content/uploads/2018/07/36113_ri20...