I was visiting a church many years ago when one of the
parishioners approached me and struck up a conversation. He said some nice things about my work as a
judge and ended the conversation with the comment, “We need more Christian judges.”
I’ve reflected on that conversation often over the ensuing
years. I think there are two ways to
interpret that phrase: 1) We need more
judges to espouse specific Christian principles from the bench, including
allowing prayer in school, Christmas manger scenes on public property and
posting the Ten Commandments in the courthouse.
Or, 2) we need more judges to judge as Jesus would: oppose cruelty and hypocrisy and temper Justice
with Mercy.
Occasionally I’m asked if I use my Christian principles (or,
if I’m at a Lodge meeting, my Masonic principles) when I make decisions as a
judge. The first response that comes to
mind is, “Of course I do!” These
principles of justice and fairness and mercy that are a part of my faith must
also be a part of the important decision that I do.
On the other hand, I do not ask myself “What would Jesus
do?” when I’m faced with making hard decisions.
To steal a line from one of the Jesuit retreats I have attended, I know
what Jesus would do: he would gather as
much information as he could and make a decision based on the circumstances as
they are at the time.
I am very comfortable with a well-defined separation of
Church and State and personally believe it is in the best interest of the Churches
to maintain that separation.
On the other hand, I do believe it is a judge’s
responsibility to call out hypocrisy and hold people accountable for their
actions. I believe a judge should
attempt at all times to do Justice, but to temper such acts with Mercy.
While I would like to say to some criminal defendants, “Go
and commit crimes no more,” I know that I cannot. Acts have consequences and the law requires
that I impose them.
I try to approach every decision I make by first following
the law. I attempt to execute Justice,
tempered by Mercy. Within the bounds
that are set by the law, I try to tailor my decision to fit the particular
circumstances of the parties before me.
I do the best I can with what I have.
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Next Week: Unhappy
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