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GAZETTE
JULY/AUGUST 1982
Bench "Commandments" — US style
Twenty-one years ago Edward J. Devitt, ChiefJudge of
the US District Court for Minnesota, published "Ten
Commandments for the New Judge" in the "American Bar
Association Journal". They were aimed at 73 newly-ap-
pointed Federal Judges; recently 152 new Federal Judge-
ships were created and Judge Devitt considered it approp-
riate to revise the "Commandments", the following is a
summary from the ABA Journal presentation of April
1979.
I Be Kind. Ifjudges could possess but one attribute, it
should be a kind and understanding heart.
II Be Patient. Viscount Kilmuir, a former Lord Chan-
cellor of England, once said: "There is much to be said for
the view that a kindly and patient man who is not a profound
lawyer will make a far betterjudge... than an ill-tempered
genius." Judge Tebbitadds:"..
. j u d g e s
owe
it to lawyers to
let them make their points. It may well be that they can
change our minds. At least they are entitled to try".
III Be dignified. Don't go around putting on airs, but
possess an appreciation of the great prestige of the judicial
office and of the respect accorded it and its occupant.
IV Don't take yourself too seriously. A spouse who
periodically observes "Don't get so 'judgey' " is recom-
mended, and Judge Devitt quotes Judge Harold R. Medina:
"We cannot deny the fact that ajudge is almost of necessity
surrounded by people who keep telling him what a wonder-
ful fellow he is. If he once begins to believe it, he is a lost
soul."
V A lazy judge is a poor judge. The road to success on
the bench is the same as in any other field of human
endeavour. It must be characterised by hard work. Some
people, and many lawyers, think that a judgeship is a
sinecure —a formofretirement for the hard-workingpracti-
tioner. This is not the case. The truth is that you must learn
to be a judge. It takes study and time.
Local Authorities and the Press
(continued from P. 132)
who is not otherwise entitled to admission, shall be
admitted to such meeting upon producing a document
which is signed by the proprietor or editor of the
newspaper or journal which he claims to represent,
stating that he, the said person so desiring admission, is
the representative of such newspaper or journal.
2. A resolution of a council, board, or commissioners to
exclude from its meetings representatives of the press,
if sanctioned by us, the Local Government Board for
Ireland, shall, from and after the date at which such
sanction shall be given, be valid and take effect in the
manner and to the extent therein mentioned.
Given under our seal of office this ninth day of
February, in the year of our Lord one thousand nine
hundred and three.
(Signed),
George Wyndham.
H. A. Robinson
VI Don't fear reversal. Reversal by a superior court now
and then keeps judges on their toes. It teaches them to be
careful and industrious; it curbs impetuosity and nurtures
judicial-mindedness. Do not keep a record of reversals.
Record keeping may make one too cautious — so sensitive
to committing error that it deprives one of the intellectual
courage that should be the hallmark of a good trial judge".
VII There are no unimportant cases. "You must give
the same conscientious attention to everymatter that comes
before you. We may think cases can be classed as important
and unimportant, but litigants do not feel that way. Their
case is very important to them, and itmust be to us. We must
not let ennui overcome us. The work of judges is too
important and the results of their action too far reaching".
VIII Be prompt. Perfection is a laudable aspiration, but
for a trial judge it is not necessarily a virtue ifit causes undue
delay. It is not necessary to write a law review type of
exposition on each issue presented. "Brevity is a commend-
able brother virtue of promptness".
IX Common sense. One of the principal tools of a good
judge. "You might be able to get by as a judge if you don't
knowmuch law, but youjust can't make it without common
sense".
X Pray for divine guidance. If you believe in a
Supreme Being, you should pray to Him for guidance.
Judges need that help more than anybody else. •
MARRIAGE COUNSELLING
can we help?
Catholic Marriage Advisory Council.
Contact:
The Secretary, C.M.A.C.,
35 Harcourt Street, Dublin 2.
Telephone: 780866
or consult the Telephone Directory
for your local centre.
Comment — continued from p. 123
large burden on the Local Authority and the Local
Authority may, in turn, reasonably ask for the Central
Bank or the Government to stand behind the deposit
receipts issued by Merchant Banking Limited. There is
precedent in the Irish Trust Bank case for the State
protecting depositors and there is a strong argument for
saying that, where there is strict control on the monitoring
of banks and the taking of deposits, the natural corollary is
that either the banking system or the State should stand
behind any licensed bank which fails. An early assurance,
either from the Local Authority that it will carry out the
outstanding works on these estates at no cost to the owners
or builders, or from the Government that the State will
honour the deposits concerned, is urgently needed. •
133