yourtake

King Solomon and the rule of law

Judges are deserving of admiration for their tough role

Monday, October 6, 2008

Judges in our society walk a treacherous path. They are regularly confronted with emotional cases -- the kind of cases that make for riveting storylines on prime-time "true crime" dramas.

Difficult as it may be to remember, those dramatic renditions of trials, verdicts and judgments are just that -- fiction.

Real judges in the American legal system are confronted with a much more daunting reality. Their cases aren't neatly wrapped up in 30 or 60 minutes. The legacy of a single case may last decades and affect many lives. American judges are in the proverbial "hot seat," one which can charitably be called a no-win situation.

In the American legal system judges are required to follow "the law" -- a mass of federal, state and local constitutions, charters, statutes and ordinances, as well as a forest of regulations and prior court decisions.

In addition, judges supervise the conduct of trials, with rules of evidence and procedure which -- in a sometimes seemingly contradictory fashion -- exist in an effort to assure that the parties to litigation are treated fairly.

Against this tremendous complexity, judges' actions are often measured in public discourse against a simplistic standard: Did the judge "do the right thing?"

And opinions as to whether "the right thing" was done are sometimes made by people who were not present at the trial, were not confronted by conflicting laws and did not hear from contradictory witnesses.

A judge who scrupulously "follows the law" may have to make a ruling which some people perceive as unfair.

King Solomon, the archetype of a "wise judge," was not bound by rules of procedure or of evidence -- he was, after all, the king. Solomon was a law unto himself, unconstrained by statutes. Solomon was -- in the ultimate pejorative -- the ultimate "activist judge."

Activist judges are those who rule in the way they deem appropriate, irrespective of the laws passed by our elected representatives or previously interpreted in court.

Solomon knew no such constraints.

In our society's search for ultimate justice, we crave Solomonic judges, ones who will always rule fairly -- the way we ourselves would.

But in an effort to protect the rights of all, our society has implemented a system of checks and balances: legislatures which write the laws; courts -- judges -- who interpret and apply the laws; and an executive branch which enforces the laws.

Sometimes the laws, as written, are unclear. Sometimes the purpose behind the laws is unpopular or obscure. Sometimes the strict application of the laws will result in a situation which people -- pundits, journalists, bloggers or you and I -- may find offensive or unfair.

Being an American judge is a difficult job; trying to work for justice in a complex system full of contradiction, conflict and ambiguity.

But it is a job which is essential to the operation of a free society. The men and women in the "hot seat" are deserving of our admiration and respect for the position they hold and the difficult job they are called upon to do.

In a society which prides itself on the rule of law, it isn't easy being Solomon.

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