For some reason, legal experts seem to believe it’s problematic for a sitting judge to write a book bashing everyone with whom he disagrees.
Chapter 1 of Circuit Judge Robert H. Dierker Jr.’s book, “The Tyranny of Tolerance: A Sitting Judge Breaks the Code of Silence to Expose the Liberal Judicial Assault,” has circulated via e-mail since last month and been widely read in legal circles, lawyers and judges say.
The sentiments expressed in that chapter, which frequently uses the term “femifascists” and is titled “The Cloud Cuckooland of Radical Feminism,” have already prompted a complaint with the state body that can reprimand or remove judges.
Other judges and lawyers have said that Dierker may have violated a state rule against a judge using his or her position for personal profit. One judge said it would be surprising if Dierker was not removed, calling the book “professional suicide.”
In a disclaimer at the end of the book, Dierker writes that the views in the book are “personal, and should not be construed as any indication of how I would rule on any case coming before me.” No, of course not. Just because he spent nearly 300 pages explaining his beliefs that liberals and “femifascists” are wrong about everything is certainly no reason to question his judicial independence, temperament, and impartiality, right?
Certainly women in St. Louis bringing a case about, say, sexual harassment, can take comfort in knowing that Dierker will be fair and evenhanded, right?
You’ve got to be kidding me.
Naturally, lawyers in St. Louis have already noted that they could cite the book in demanding recusals on issues involving women, liberals, or the ACLU, because he’s made clear that he’s not impartial and has already made up his mind about these Americans he perceives as enemies.
Dierker, of course, disagrees, and argued, “Conservative judges are much more likely to know where their biases are and how to draw the line.”
Does that make any sense? A judge writes a book-length diatribe against Americans he doesn’t like, but can maintain his impartiality because he knows where his biases are? Will that inspire confidence in the courtroom?
As for professional ethics, Dierker may have a few questions to answer.
Dierker could also face an inquiry from Missouri’s Commission on Retirement, Removal and Discipline. Most of what the commission does is informal and secret. But the commission does have the power to recommend anything from a public reprimand to removal of the judge from office.
State Sen. Joan Bray, D-University City, filed a complaint with the commission last month, citing her concerns with the first chapter. Bray said, “I’m still worrying about women in Missouri being treated fairly in the courtroom.” She said she plans a follow-up complaint, based on conversations with lawyers and judges, that would include a complaint that Dierker was violating judicial rules by using his position to promote the book.
The official roll-out of Dierker’s book starts next Tuesday on Bill O’Reilly’s Fox News show. What a surprise.