James M. Redwine

Socrates

Locking Horns

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One day I met up with my friend Tim “Turtle” Smith in the parking lot of a golf course. “Hey, come look at what I found yesterday when I was out deer hunting.” I looked in the bed of Turtle’s pickup and saw two sets of deer antlers intertwined. Tim said, “I cut these off the heads of two dead stags. They must have starved to death after their battle for which one would gain the prize doe. I guess it is a metaphor for the old saying, ‘Don’t lose your head over.…’ ” Tim is kind of a colloquial philosopher. We do not know what other stag defaulted to winning the mythical doe, but surely a wiser one was lying in wait.

For some reason my encounter with Turtle came to mind after observing the Presidential Debacle last Tuesday evening. If the goal of a leader is to have his or her constituents adopt and follow a particular vision, when it comes to debating, the leader may want to concentrate on setting out elements of the vision and not fall into the quagmire of ad hominem. President Trump and Former Vice President Biden surely both have a vision for America but they both kept their visions well disguised Tuesday.

Usually in a debate someone is declared the winner. However, in the Presidential Debacle of 29 September 2020 there was no winner but there were three losers: President Trump, Former Vice President Biden and the electorate. We learned what we already knew; the candidates hate one another and the national news media loves only itself. Where was what Socrates called for over two thousand years ago when he cautioned, “The unexamined life is not worth living”? And Joseph Campbell’s only unforgiveable sin, that is “to be unaware”, was committed by both candidates and the moderator repeatedly.

If Americans are the prize and leadership is the goal, I suggest our presidential candidates each eschew both mudslinging and mud wrestling and spend their time and ours setting forth their plans for our future and explaining cogently how their plan is superior to their opponent’s. We can decide for ourselves if we like a candidate. What we need is knowledge about which aspiring leader is truly inspiring and not merely exasperating. Of course, if Donnie and Joey continue to act like scuffling school boys, perhaps we will see both of their denouements via the ballot box and a contested election. Then someone else may end up with the prize as declared by a handful of unelected judges.

Fast Radio Bursts

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Associate Professor Jean-Pierre Macquart of Curtin University in Bentley (Perth), Australia is the principal investigator of the CRAFT project that studies Fast Radio Bursts from throughout the universe. These phenomena became a subject of intense interest in 2007. The cause of these FRB’s is still being researched but in June, 2019 the source was determined to be a galaxy 3.4 billion light years from our own Milky Way Galaxy, practically next door.

The theories of the origins of FRB’s are many. However, my favorite guess is that they originate from a highly advanced civilization that is reaching out for contact with other similarly positioned beings. Of course, I still hold out some hope Santa Claus will bring me a pony.

Regardless, if there are intelligent creatures sending out probes it may be because they have been monitoring Earth’s progress for years and are wondering how we are currently doing. If these beings, I’ll just call them Busters for convenience, have been observing us for the last 200,000 years or so they were probably pretty bored until around 5,000 years ago when the “ancient” Chinese, Egyptians, Assyrians and Babylonians came up with writing and pyramids. The Busters may have followed the careers of Imhotep or Cheops as mankind leapt from hunter/gatherers to farming and architecture. Today the descendants of these great civilizations may get less interest from the Busters, especially as the societies began to engage in efforts to control their neighbors with clubs.

As humans migrated from Africa to the Mediterranean area our curious observers may have followed the writings of Socrates and the Greek culture until the Roman’s discovered the short sword. And while we do not know the length of the year the Busters live with, they probably have figured out ours and our time lines. Therefore, the Busters may have followed the rise and fall of Rome including the decline from such as Justinian to the likes of Mussolini. The Earth at war from 1914 to 2020 may have caused the Busters pause.

One curious aspect of the Fast Radio Bursts is how they were discovered by humans about 2007 and their volume has waxed and waned over the next 13 years. It is as if the Busters may be concerned or confused about recent events. Perhaps they are perplexed by our world’s own fast radio television bursts as current events may appear from outer space to be pure chaos.

For example, I can imagine a cable news Buster asking, “Where did Socrates go and what the devil is a Hannity?”

Judicial Lodestones & Amulets

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The National Judicial College teaches thousands of judges. As a faculty member for 22 years I have learned a great deal more than I have taught. The student judges’ collective experience and wisdom have often been what I have looked to when I was not sure where else to turn with a difficult situation.

For instance, when I feel myself getting angry at someone in front of me, say a recalcitrant spouse in a divorce, an unfeeling defendant in a child molesting case or an attorney whose style is of the button-pushing genre, I remind myself of what Socrates said:

“A judge’s duty is to do justice, not make a present of it.”

In other words, the power I can wield is not Jim Redwine’s power; it belongs to the people.

And when a problem such as lack of resources or a need for courthouse renovation becomes so severe people are denied justice I remind myself of what Robert Kennedy said:

“Some look at things and ask ‘Why?’, I dream of what things could be and ask, ‘Why not?’”

Or more prosaically, my quote the National Judicial College just published in their magazine, Case In Point, page 35:

“It’s better to go ahead and do good than to fear the lack of authority.”

The NJC collected such guidelines from 50 judges from all over America for the most recent edition. I find several of their thoughts helpful both for judges and those who may need a judge. The college asked us for brief statements of, “What we wish we had known before we became judges”. I will set forth a few.

“That I was giving up my individual identity. Your personal opinions and views are restricted in context at all times. Pretty soon you can begin to forget who you are.”
Judge Jan Satterfield, 13th district Court, KS

“The job doesn’t pay enough to be a jerk! Mistakes in applying law or reviewing facts are expected. Arrogance from the bench is inexcusable. Litigants will often decide how all judges act from their contact with you. Don’t get us a bad review.”
Judge Gregory D. Smith, Municipal Court, TN

“That folks would really believe that my court would be just like Judge Judy’s show.”
Judge Cynthia L. Brewer, Chancery Court, MS

“How dangerous it is to walk down stairs in a robe!”
Judge Stephen D. Hill, Kansas Court of Appeals

Perhaps we can look at some other gems of judicial learning later.

The Harder Right

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Gentle Reader do not despair. We have reached the final week of our discussion of the Internet course for Rural Court Judges. You will no doubt recall our previous sessions on the scintillating topics of Rural Court Case and Court Management. Well, the best is yet to come. I only wish we could hear from the student judges from Alaska to Maryland who attended the seven week National Judicial College course that I helped teach. Surely they were filled with the same excitement I felt as an Indiana University freshman law student during Contracts classes, perhaps much as you have been while reading Gavel Gamut the past few weeks. But, all good things must come to an end so let us summarize what we have studied.

We started with the proposition that the most essential criterion for being a Rural Court judge, or any judge, is good character. Intelligence and industry are fine attributes but ring hollow if a judge cannot choose the harder right over the easier wrong. As Socrates told his Athenian judges who tried to have it both ways, “Your job is to do justice, not make a present of it.”

You may remember the prescient observation made by Alexis de Tocqueville (1805-1859) when he wrote of his impressions of America in Democracy in America: “In America practically every political question eventually becomes a judicial one.” Of course, for those questions to be answered properly the judiciary must be fair and impartial and the public must have confidence they are; politics must not enter into a judge’s decisions.

That astute one-time Hoosier Abraham Lincoln who knew a little bit about politics and a lot about judging saw the legal profession’s role as to first be peacekeepers. To keep the peace judges must enjoy the public’s confidence in the absolute impartiality of judicial decisions. Character is the cloak that must robe a judge.

And when a judge is faced with those difficult cases where he or she is tempted to slip off the blindfold and tip the scales of justice, the only refuge a judge has is his or her character. That is what judges heard during our Internet course and what Bobby Kennedy meant when he said, “Some see things as they are and ask, why? I dream what things could be and ask, why not?”

Of course, society often rewards those of weak character and severely punishes those who choose the harder right. But that pressure is what judges must withstand. So where we start and end our course on Rural Court judges is the same proposition: judges must keep the blindfold on and their thumbs off the scale.