18 May 2018

Novel Remedies

Judges have a pretty narrow range of options in resolving cases. What if there were additional options for them such as the following?

* What if, instead of punishing someone criminally for perjury or holding them in contempt, a judge could declare that any statement made by someone in any future court proceeding or legal document was presumptively false? Their testimony alone would never suffice to make out a prima facie case., or to overcome a motion for summary judgment. Their affidavits recorded in real property records after that time would be presumed to be invalid.

* What if there were a registry of every time that a court determined that someone made an untruthful statement under oath that would be publicly available and admissible in court proceedings?

* What if there were a central registry of all occupational license actions taken against someone at any level, so that, for example, someone who had a license suspended by misconduct as a securities broker would automatically be easily accessible if someone sought a license from some other board or sought appointment to some public office?

* What if the results of a background check on every candidate for public office was automatically distributed to every voter as part of a ballot information packet?

* What if, an official who had absolute immunity from civil liability, like a judge or prosecutor, automatically lost that immunity when determined to have committed an ethical violation related to the case where civil liability is sought (or just in general)?

* What if all vehicles owned by, or in the household of, someone whose driver's license was suspended or revoked who had driven anyway at least once, was marked with a sticker that would authorize law enforcement to make random stops to the vehicle to determine that the driver had a license? Or, perhaps, the car would have a device that would only allow it to start if a valid license was inserted and a photo of the person inserting the license was taken simultaneously?

* What is a court, upon learning that a public official (including a judge in a case reviewed by an appellate court) had committed a serious abuse of discretion, or intentionally defied the law, had the authority to sua sponte remove that public official from office or suspend that public official for a length of time?

* What if someone who had filed for bankruptcy or had unsatisfied money judgments outstanding against them was prohibited from establishing a limited liability entity or benefiting from limited liability, without being bonded against losses people might suffer from the entity?

* What if any debt incurred by someone who had a legal obligation to be, or had represented that they were, bonded and/or insured, but was not, was non-dischargeable in bankruptcy?


Kevin Dickson said...

Well, I think that your suggestions would take all the fun out of being an unethical or shady person.

andrew said...

A rather more thoughtful analysis of what these kinds of remedies taken too far could lead to is explored in the YA Novel "Flawed" by Cecelia Ahern