USA Today   contains an article that threats against federal judges and prosecutors are poised to increase for the 5th year in a row.  Even though no one who reads this blawg is a federal judge or prosecutor (right?), this is horrible news.  Not because of any personal risk to criminal defense lawyers, but because threats against anyone involved in the criminal justice system are inherently bad.  We are all part o the same system, like it or not.

But why is this happening?  Sentences haven’t suddenly gotten harsher.  Judges haven’t suddenly gotten meaner.  What gives rise to the open expression of anger or hostility toward judges?

This may well be the natural by-product of years of attacking judges as “activists” and yanking them down off the bench and into the gutter.  By pulling off their robes, judges have been portrayed as failed people, snake-oil salesman like their politician buddies, unworthy of the respect that had long been shown the judiciary. 

The judiciary has survived on one thing, and one thing alone:  respect.  They command no army to keep away the swarming masses of outraged citizens.  While we may agree or disagree with outcome, they have remained safe in the face of controversy because they are judges, a very small class that exists apart from all others in government and the world at large.  As long as we treat the office with respect, the human beings in robes derived the protection afforded the judiciary.

That disappeared when radio personalities who have an affinity for OxyContin started smearing them personally.  As they become the subject of ridicule and name-calling for decisions that displeased the pundits, the protection offered by their office was gradually worn away.  They were now mere people.  And bad, evil people to boot.  Just ask Rush and his ilk.  These were people who were destroying America and American values.  These were people who America would be better off without.

The ball started rolling downhill from there.  And the result was that the idea of harming a federal judge, or a federal prosecutor, became far less far-fetched, and then ultimately quite reasonable to those with very sick minds.  I remember as I would listen to these neo-con talking heads in the car, marveling at how they twist factual penumbras to suit their ends, that their denigration of judges would have dire results.  I think these results are shown in these threats against judges and prosecutors.

Is this what the neo-cons hoped to achieve by demeaning members of the judiciary for their evil decisions and “activist” proclivities?  Are they proud of themselves?