I’ve posted several times about judicial reprimands for sloppy work. Indeed, there’s a “Consequences of Sloppiness” category. Above the Law notes a recent “benchslap” for sloppiness on the part of government in a post entitled, “Judge Loses Patience With Government’s Sloppy Work.” However, the article makes it clear that the judge’s concern went beyond mere sloppiness. She writes that the government exhibited a pattern of “sloppiness” that “in sum” the sloppiness “represents a systematic pattern of the Commission picking the wrong conclusion from the evidence.” If this is the case, the problem goes well beyond sloppiness to a matter of serious ethical concern.
There used to be a commercial in which the tag line was “It’s not nice to fool Mother Nature>” The fact is that most judges are fairly intelligent. It’s not nice to attempt to fool them in this way and they are not likely to be fooled by it. The consequences may go well beyond the consequences of mere sloppiness.