The state's highest court said today that judges cannot be forced to disclose to ethics investigators what they were thinking when they made their rulings, a decision that creates a "judicial deliberative privilege'' in Massachusetts for the first time. Writing for all seven members of the Supreme Judicial Court, Justice Robert Cordy said judges must not fear that the issues, laws, and personal views that underlie their rulings will be displayed to the public. "We conclude that although holding judges accountable for acts of bias in contravention of the Code of Judicial Conduct is essential, it must be accomplished without violating the protection afforded the deliberative processes of judges fundamental to ensuring that they may act without fear or favor in exercising their constitutional responsibility to be both impartial and independent,'' Cordy wrote.
boston.com