British humorist P.G. Wodehouse once commented that “a matter of some delicacy” is often a matter of no delicacy whatsoever.

Such was the case with a legal misapprehension that Stamford Superior Court Judge John Redmond Downey labored under for years, to his considerable detriment. He repeatedly stated the view that a non-citizen can’t bring a personal-injury claim in state court, and no one corrected him. His confusion proved fatal to his Appellate Court nomination, and now has left the courts and the bar with a lingering question: how can judges be subtly told they’re wrong.

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