Thursday, December 14, 2006


Efficient and Well-Versed

"Any judge who is efficient and well-versed in the law takes advantage of the findings of fact. It's par for the course. Any attempt to make a stink out of it is absurd," says James D. Greenberg, a partner in the York firm Katherman, Briggs and Greenberg of the Discovery Institute's latest epiphany on the Dover decision.

The York Daily Record reports:

Greenberg, who read Jones' ruling, said a verdict slip in a jury trial is the same as the findings of fact in a bench trial. In both scenarios, parties involved in the dispute have an opportunity to offer their respective positions for the fact-finders' consideration, he said.

Sara Austin, president of the York County Bar Association and head of The Austin Group, said parties are required by the courts to submit findings of fact and "a judge can adopt some, all or none of the proposed findings."

In the final ruling, a judge's decision "is the judge's findings and it doesn't matter who submitted them," she said.


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