Even though law enforcement is complaining that their snitches won't be as motivated under the new policy, the real question is whether the actual policy goes far enough. Unfortunately, the policy is not law and is not binding on prosecutors. In other words, it leaves the discretion with individual prosecutors as to whether to follow it or not. (In the recent Brady policy issued to prosecutors, it's become clear that nothing much has changed because prosecutors still say that they are only obligated to turn over what's required by the rule and not by the policy statement of their boss.) Rumpole also raises the real concern (in the comments) about whether the new policy will be ignored when defendants actually decide to fight and go to trial... Let's see how this plays out; It's still a good start, which should be applauded because judges will be free to judge again instead of imposing arbitrary min/man sentences.
UPDATE --the actual policy can be read here.
2. The ABA has approved a resolution in support of legislation authorizing judgeships. Via Legal Newsline (HT GS):
At this year’s meeting, which runs through Tuesday, delegates voted in favor of comprehensive legislation to authorize needed permanent and temporary federal judgeships, with particular focus on the federal districts with identified judicial emergencies “so that affected courts may adjudicate all cases in a fair, just and timely manner.”
The ABA also is urging President Barack Obama to advance nominees for current vacancies for federal judicial positions “promptly” and the U.S. Senate to hear and vote on the nominations “expeditiously.”
The association noted that Congress has not passed comprehensive legislation authorizing additional judgeships since 1990.
Since that time, federal district courts have experienced a 38 percent growth in caseloads but have seen only a 4 percent increase in judgeships.
“Legislation is needed to ensure that the federal judiciary has the judgeships it needs to adjudicate all cases in a prompt, efficient and fair manner,” according to the association’s executive summary of the resolution.
“As of May 16, 2013, there are 85 federal judicial vacancies and 24 nominations pending. Filling these existing judicial vacancies is essential.”
Last month, U.S. Sens. Patrick Leahy and Chris Coons introduced legislation that would create 91 new federal judgeships in two federal circuits and 32 federal districts across 21 states.
Maybe we should confirm the outstanding judges first...
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