A few points
"But I would respectfully submit that there are different degrees of "public" in terms of exposure, and that these comments were not intended for a widespread, public audience."
The internet is not private. I believe Sam testified at Smartt's hearing that he had "no expectation of privacy on his office computer." We have none on the internet. I do not accept that anyone could have any expectation of privacy in the Gore forums, using their own name, birthdate, job, election results and a P.O. Box for donations. Perhaps this whole experience is proof of that.
"Mike Smartt issue, which is separate and involved the use of public property and time" Not really a valid distinction. First, it appears Sam may have used public "time". He posted during work hours on work days. We do not know if he was "at work". As far as public property, that was not illegal at the time Mike did it (there was no county policy in place).
About Mike Smartt, the attorney " poor judgment is a very bad trait in an attorney, and one not often correctable"
It is bad for a lawyer, but what about a judge?
On the issue of whether he should be free to be "not Justice of the Peace Harris, but Sam from Conrad, a Montana guy with some rough edges, having fun and bantering with his friends," it is whether that is really him. "Sam from Conrad, a Montana guy with some rough edges," would not have been 'scarred for life' by seeing some pictures of gay sex acts. Yet, Sam the judge testified under oath that he was.
"To what extent should judges, being human, be allowed to be left alone with their private lives? " To the extent that their private lives do not cause public upset and unrest when seen by the public. That whole pesky Judicial Ethics thing again.
I would also like to note that I have seen and heard some comments around town that dissapoint me. If you are going to get on the band wagon and take sides here, especially if it is solely political, find out what you are talking about. This is not a witch hunt, it is our judicial system. It is about how we define right and wrong, in this world we live in, and we should treat it as a serious issue, worth some actual thought.
The internet is not private. I believe Sam testified at Smartt's hearing that he had "no expectation of privacy on his office computer." We have none on the internet. I do not accept that anyone could have any expectation of privacy in the Gore forums, using their own name, birthdate, job, election results and a P.O. Box for donations. Perhaps this whole experience is proof of that.
"Mike Smartt issue, which is separate and involved the use of public property and time" Not really a valid distinction. First, it appears Sam may have used public "time". He posted during work hours on work days. We do not know if he was "at work". As far as public property, that was not illegal at the time Mike did it (there was no county policy in place).
About Mike Smartt, the attorney " poor judgment is a very bad trait in an attorney, and one not often correctable"
It is bad for a lawyer, but what about a judge?
On the issue of whether he should be free to be "not Justice of the Peace Harris, but Sam from Conrad, a Montana guy with some rough edges, having fun and bantering with his friends," it is whether that is really him. "Sam from Conrad, a Montana guy with some rough edges," would not have been 'scarred for life' by seeing some pictures of gay sex acts. Yet, Sam the judge testified under oath that he was.
"To what extent should judges, being human, be allowed to be left alone with their private lives? " To the extent that their private lives do not cause public upset and unrest when seen by the public. That whole pesky Judicial Ethics thing again.
I would also like to note that I have seen and heard some comments around town that dissapoint me. If you are going to get on the band wagon and take sides here, especially if it is solely political, find out what you are talking about. This is not a witch hunt, it is our judicial system. It is about how we define right and wrong, in this world we live in, and we should treat it as a serious issue, worth some actual thought.
posted by a-fire-fly at 5:58 PM
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