I know the headline is provocative in that it questions whether prosecutors should be a criminal court judge. I appear before several judges who are former prosecutors . I believe most are fair and impartial. However , some former prosecutors appear to have difficulty in being a impartial judge. Let’s face it . It is a natural human emotion to have a bias. I have been an advocate so long it would take some time to wear the hat of a judge.
Rule 10 Canon 2 Rule 2.2 of the Rules of the Supreme Court provides as follows;
RULE 2.2 Impartiality and Fairness
A judge shall uphold and apply the law, and shall perform all duties of judicial office fairly and impartially.
Prosecutors take the job because they want to prosecute crimes. It is the first hat they wear. If they become judges , they need to remove that hat and replace it with the hat of a judge. For some , it is hard to due. A mindset of prosecuting crimes and being familiar with former colleagues makes the task difficult. I find some judges are firmly entrenched in the District Attorney’s corner. Every one in the courtroom knows it even the district attorneys. I have experienced rulings from pro law enforcement judges . It is always hard to swallow. You know the judge is a good person. It is just hard sometimes to remove the prosecutor’s hat.