Wednesday, July 01, 2009

"Do not judge lest you be judged"

Last week, the ALJ denied CVUSD's motion to quash my subpoena for the records I'm demanding, on the ground that OAH had never seen the subpoena and wasn't told its language - without prejudice, which means that CVUSD can resubmit their motion to quash with the subpoena included if they want. So far they haven't wanted.

As a lawyer pointed out, he ruled on a technicality, avoiding addressing any of the issues. She had a problem with that, but I realized that for judges to avoid deciding things when they don't have to is very wise. The problem might go away somehow - the parties might settle their differences, or anything. In fact God does that, and so should we. Giving decisions in judgment can easily subsidize intransigence and obstruct reconciliation, no matter how right a given decision may be on legal points. Judges are smart enough not to want to be judges unless they really have to be, and that's the right attitude everywhere in life. Wisdom does indeed shout in the open square, at the head of every street, and in the Office of Administrative Hearings.

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