From the “Things That Go Bump in the Night” files comes this tidbit from How Appealing (http://howappealing.law.com/). Blogger Howard Bashman penned an extensive assessment of dead judges voting. Dead men may not wear plaid, but dead judges still retain the power to issue decisions from beyond the grave.



Bashman began writing on the subject in February, initially for Law.com (www.law.com) then later for How Appealing (http://howappealing.law.com/052406.html#014771). Senior Circuit Judge Max Rosenn passed away before the 3rd U.S. Circuit Court of Appeals rendered a decision in Monteiro v. City of Elizabeth. The court’s decision was divided by a three-judge panel, so the dead judge became the tie breaker, as he had drafted what became the majority opinion before his death.





It happened again at the 3rd U.S. Circuit Court of Appeals when Senior Circuit Judge Edward R. Becker dropped dead, leaving a divided three-judge panel to decide a Title VII case. The departed judge once again cast the deciding vote. Shouldn’t a lifetime tenure on the bench end when the icy touch of the Grim Reaper intervenes? Bashman proposes legislation forcing dead judges into retirement. I’ve taken the extra measure of contacting the Ghostbusters.