Now that the 49 State AG settlement has immunized manufacturing evidence, forgery and perjury, it’s going to be a lot tougher to be a judge. After all, how can you ever rule on a motion based upon affidavits and documentary evidence if it’s now OK to lie and to manufacture phony documents? Will judges need to take courses in document forensics in order to rule on simple motions? Or will courts become even more clogged, because each affiant must be made to appear and confirm their own knowledge of the evidence in their affidavits or even that their own signature appears on the document? Will every motion now necessitate a mini trial?
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