Stop the AASP Response to the Action
of the Resolutions Committee of |
August 16, 2000 Judge Ira J. Raab Re: Request for Reconsideration of the Dear Judge Raab: I received your letter dated August 10, 2000 and, like you, I am disappointed that the resolutions committee of AJA decided to shift responsibility to legislative bodies. I thought the committee would have understood that the problem of inappropriate language in judicial decisions is a judicial function which should be corrected by the judiciary. Why would judges wait for the legislature to tell them to stop using demeaning language in their opinions? Under the doctrine of separation of powers, it would seem that it is the judges – and their associations – which should deal with this problem on their own. To further illustrate that the problem should be fixed by the judiciary, rather than legislatures, just look again at the chart contained in our Stop the Stigma brochure. We found 41 states in which children were being stigmatized by the government. In 24 states it is the judges who are solely responsible for the problem. In those 24 states, the Legislature has already taken action to label children born to unmarried parents in a neutral and objective way. In those 24 states, it is appellate judges who continued to call such children "illegitimate." Let me try to put it as succinctly as I can. There is a language problem in 41 states. Judges are solely responsible for the problem in 58 percent of those situations. How could the remedy to this problem not be a judicial function in these 24 states, since in these jurisdictions it is the judiciary, not the legislature, which is the source of the problem? On behalf of AASP, and millions of children who are unnecessarily stigmatized by inappropriate language being used in judicial decisions, I respectfully request that the resolutions committee reconsider the proposed resolution. If committee members become aware that the problem is solely a judicially-created one in 58 percent of the jurisdictions where the problem exists, I think they would agree that the solution rests with the judiciary. Thank you for your assistance and cooperation. Very truly yours, THOMAS F. COLEMAN Back to Stigma
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