From the Transcript of Day Two of Hearings:
Senator Leahy: Did that experience [of working in the District Attorneys Office] shape your views in any way both as a lawyer but also as a judge?
JUDGE SOTOMAYOR: I became a lawyer in the prosecutor's office. To this day I owe who I have become as a -- who I became as a lawyer and who I have become as a judge to Mr. Morgenthau. He gave me a privilege and honor in working in his office that has shaped my life.
When I say I became a lawyer in his office, it's because in law school -- law schools teach you on hypotheticals. They set forth facts for you. They give you a little bit of teaching on how those facts are developed, but not a whole lot, and then they ask you to opine about legal theory and apply legal theory to the facts before you.
Well, when you work in a prosecutor's office, you understand that the law is not legal theory, it's facts. It's what witnesses say and don't say. It's how you develop the -- your position in the record. And then it's taking those facts and making arguments based on the law as it exists. That's what I took with me as a trial judge. It's what I take with me as an appellate judge. It is respect that each case gets decided case by case, applying the law as it exists to the facts before you.
Good question about whether Judge Sotomayor did a Clinic at Yale. A better question would be what clinics were available at the time?
Posted by: Richard Boswell | July 24, 2009 at 12:06 PM