Javis v. Board of Education of the School District

(dissent). The thrust of the prevailing opinion is prophylactic, sending to all judges the message: "Use the Standard Jury Instructions verbatim”. As substantial compliance is deemed insufficient, the wise judge from this date forward will read a SJI with no tailoring to fit the peculiar facts of the case. I see two flaws in the rule as applied to this case. (1) It was the duty of the trial judge to determine whether the facts of the case supported the SJI on "impeachment”, (whether a witness is telling the truth and is or is not to be believed). The judge did not err in his finding that the…