If you’ve ever fantasized about moving to the other side of the bench, a recent First Circuit decision coming out of Maine highlights what to me would be one of the worst parts of putting on the robe – having to look at child porn. U.S. v. Ross.
I once had to look at (relatively) very tepid child porn to adjudicate with the other Board members on Board of Bar Examiner proceeding. That stuff sticks with you and if that’s a part of the judging job that comes up a lot, count me out. .
In Ross, the defendant was convicted of possession of child pornography under 18 USC s. 2252A(a)(5)(B). He argued on appeal that the district court (Judge Woodcock) erred by not viewing the material before ruling that it was admissible. Because the defendant stipulated that the material was child pornography (his defense was he didn’t download it), he