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Judges and Politics

October 7, 2016 by Jim Leave a Comment

In 2000 the Florida Supreme Court gave the presidency to Democrat Al Gore. Five judges on the U.S. Supreme Court reversed the Florida court and gave the presidency to Republican George W. Bush.

Bush won by two electoral votes. Gore barely won the popular vote. Three of the justices of the U.S. Supreme Court who dissented, John Stevens, David Souter and Ruth Bader Ginsburg, wrote:

“Although we may never know with complete certainty the identity of the winner of this year’s Presidential election, the identity of the loser is perfectly clear. It is the Nation’s confidence in the judge as an impartial guardian of the rule of law.”

Judges may make mistakes. Judges may be ignorant or lazy or may have any number of faults. The one characteristic judges must not have is a public perception of prejudice for or against persons or beliefs.

The only thing judges must bring to their role in our government is the ability to engender public confidence in the integrity of their decisions. We may, and I often do, disagree with judicial decisions (by other judges of course). However, if we have confidence the judges acted impartially, we can accept even bad rulings and move on.

That is why Canon 4 of the Code of Judicial Conduct which all judges should follow requires:

“A Judge or candidate for Judicial Office Shall not Engage in Political or Campaign Activity that is Inconsistent with the Independence, Integrity, or Impartiality of the Judiciary.”

The Code also prohibits a judge from publicly, e.g. in a newspaper column, endorsing or opposing a candidate for public office.

These ethical proscriptions come to mind as I am currently engaged in helping to teach an internet course to judges for the National Judicial College. Judges from several states are participating as students or faculty. As with much of the judicial education in which I have been involved, in this course there is a great deal of side banter about many topics. In this current presidential campaign cycle politics is unavoidable. But unlike non-judicial conversations where my friends and family do not hesitate to state that one candidate is less than desired while the other must be elected, with judges I am reminded of the attitude Romeo’s friend, Mercutio had.

You may recall that in William Shakespeare’s play Romeo and Juliet the two families, Romeo’s Montagues and Juliet’s Capulets, were constantly feuding. In Act III, scene 1 Mercutio is stabbed by Juliet’s relative, Tybalt. As Mercutio lies dying he curses both sides by calling for, “A plague on both of your houses”. That pretty well sums up the ethical positions of my judicial colleagues.

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Filed Under: America, Democracy, Gavel Gamut, Judicial, Law, National Judicial College, Presidential Campaign, Rule of Law Tagged With: Al Gore, Canon 4 of the Code of Judicial Conduct, Capulets, David Souter, Democrat, electoral vote, Florida Supreme Court, George W. Bush, James M. Redwine, Jim Redwine, John Stevens, judicial decision, judicial prejudice, Mercurio, Montagues, National Judicial College, popular vote, presidential campaign, Republican, Romeo and Juliet, rule of law, Ruth Bader Ginsburg, Tybalt, U.S. Supreme Court, William Shakespeare

Reality Politics

January 22, 2016 by Jim Leave a Comment

There have been bunches of people running for the Democrat and Republican nominations for President. It is possible some of them have constructive ideas on addressing issues such as war, healthcare, jobs and pollution. Perhaps some of them are neither venal nor stupid. Most of them are familiar with and even good friends with one another, or were. Many of them have served in public positions of trust. So I ask you, what don’t we know about their positions and why don’t we know?

President Barack Hussein Obama was reelected November 6, 2012. November 7, 2012 the pundits of the national media began handicapping the 2016 race. Did these purveyors of political propaganda seek to inform us about the policies of the potential contenders? With a clean slate and three years to investigate and analyze the bona fides of that extremely small sample of Americans who might soon lead the Western World, did the media strive to have us informed so we could make rational choices? Did the organizations which proudly call themselves “News” outlets eschew ratings for information?

We have had numerous events called debates involving both major party candidates. You may wish to fact check my memory, but to my recollection no one has had more than twenty minutes at a time, usually two minutes or less, to outline and explain the candidates’ plans governing America. It takes Peg longer than that to assign my weekend chores.

I recall Robert Kennedy responding to criticism of his motives for running in 1968. He said, “Isn’t it possible I just want to serve?” Is it vital to our country’s interest to turn debates that should be about issues into mud wrestling? Does the media think so little of the average American’s intellect that questioners must push for ad hominem attacks on other candidates instead of logical responses to positions?

Even when a candidate is interviewed one-on-one the opening question is never about the interviewee’s own plans. It is always some red-meat gambit such as, “Your opponent says you are a tea sipping progressive. Is your opponent competent to launch a nuclear strike against Iceland?” Should a candidate be adroit enough to reply, “You may want to address that question to the other candidate”, the media ratings hog will demand a negative response or announce a lack of backbone during the inevitable one-way post-interview.

I suggest if we abhor dog and cock fights, we should afford our future president at least that much civility.

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Filed Under: America, Democracy, Gavel Gamut, News Media, Presidential Campaign Tagged With: Democrat, future President, James M. Redwine, Jim Redwine, leader of the western world, news media, President Obama, reality politics, reasons for running, Republican, Robert Kennedy

© 2016 James M. Redwine

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