In response to
”
Another Santos confession at risk
”
in the Sept. 12 edition:
While few can compare with the bar when it comes to butchering
the English language, on behalf of the law-related education
committee of the SCCBA, and as a SCCBA representative in its
adopt-a-school program, I think the reporters ought to refrain from
adding to the public’s confusion about our law. For example, in our
law, which unfortunately uses some archaic terminology, one may
make a motion to quash. Our law does not include a motion to
”
squash
”
anything. For example, a successful motion for an order to quash
a subpoena will annul, or make void, the subpoena. Squashing the
subpoena, or ripping it up, or burning it, has no legal effect.
In response to “Another Santos confession at risk” in the Sept. 12 edition:
While few can compare with the bar when it comes to butchering the English language, on behalf of the law-related education committee of the SCCBA, and as a SCCBA representative in its adopt-a-school program, I think the reporters ought to refrain from adding to the public’s confusion about our law. For example, in our law, which unfortunately uses some archaic terminology, one may make a motion to quash. Our law does not include a motion to “squash” anything. For example, a successful motion for an order to quash a subpoena will annul, or make void, the subpoena. Squashing the subpoena, or ripping it up, or burning it, has no legal effect.
Your reporters, who inform the public, and their editors, ought to avoid the misuse of legal terms, e.g., approximate for proximate, council for counsel, principal for principle, and vice versa. The California Judicial Council has just revised standard jury instructions for our trial courts as part of the effort to make the language or our law easier for the average person to understand. The work of the bench and bar would benefit if our reporters improved their English. Since our law is the ballast, or glue, holding our society together, I don’t think that you could overstate the importance of preserving it, or of reporting it accurately to your readers.
Finally, respect for our judiciary requires avoiding undignified references to its members by merely using their surnames, e.g., “Tobias.” You could help us instill greater respect for our law by properly describing them as “Judge so and so,” “Her honor” or “His honor.” Please remember Thomas Jefferson’s advice about the importance of our newspapers.
Joseph Thompson,
Tres Pinos
