The integrity of the judiciary in twentieth-century New York

In this Article, Professor William E. Nelson. examines efforts to preserve judicial integrity in twentieth-century New York. Professor Nelson observes that the pattern of jurisprudential development in New York is different from the pattern that prior historians, who have focused on academic writing and Supreme Court case law, have identified. He adds that the preservation of judicial integrity in New York has been accomplished mainly through means other than an adherence to precedent. The Article begins by examining the development of specific procedures, as well as changes in judicial attitudes towards both precedent and judicial ethics in New York. It continues by describing the failure of efforts to use the doctrine of precedent to preserve the integrity of the judiciary. More recently, efforts to police judges have taken the form of formalistic canons of ethics. Professor Nelson finds the use of such canons to preserve the integrity and freedom from bias of the bench has been as unsuccessful as classical legal theory's reliance on precedent. Nonetheless, the Article concludes that although judges cannot be completely free from ail bias, by dedicating themselves to the service of others and displaying compassion for those who ap pear before them, they can achieve greatness. Thus, Professor Nelson suggests that a jurisprudence of service and compassion tempered by at fidelity to precedent and craft may be the best means of maintaining the judiciary's standing.