Privilege Precludes Asking: What was the Judge Thinking

By Judge Nancy Gertner Case Focus On August 9, 2012, the Supreme Judicial Court, for the first time,  recognized the existence of a “judicial deliberative privilege.”  In re Enforcement of Subpoena, 463 Mass. 162 (2012).   While the Court noted that holding judges accountable for violation of the Code of Judicial Conduct was critical, judicial disciplinary [...]