The Massachusetts Supreme Judicial Court today recognized a "judicial deliberative privilege" that protects the thought processes of a judge in reaching judicial decisions. In re Enforcement of a Subpoena. The matter arose in the context of a judicial ethics investigation of a trial judge. The investigation was initiated by a district attorney who was concerned about the judge's handling of various criminal matters. The SJC severely restricted the investigative body's ability to get behind the judge's decisions. H/T Howard Bashman.