As the New Year approaches, I will break from my series on Judicial Philosophy and propose my own New Year’s Resolutions.
I resolve to understand, as I listen to and see on a daily basis in my job truly horrifying, as well as occasionally happy events and people, that the law can and should attempt to make things right. However, the law is usually limited, as are judges, in what can be accomplished.
Specifically, we are usually confined to imposing a small quantum of order and predictability on the vagaries of our existence and to softening the rough edges of our fellow citizens’ lives. It is important for a judge such as myself to remember that for many people life remains at least at times bewildering, unpredictable and, for some of our less fortunate fellow citizens, frightening.
I resolve to remember that life is too powerful to face alone. That means that no one, not a president, not a senator, not a general and not a prosecutor, defense attorney or even a judge, can live or work successfully without a commitment to other human beings and to values. My commitment to other human beings means that I am obliged to behave with respect, as well as concern, toward the people who need me and respect me, both personally and professionally.
My commitment to values means that I will uphold the tradition of the bench on which I serve to maintain a high level of scholarship. It also means that I will treat every person who appears before me courteously regardless of their station in life and that I will summon the “courage” to do what the law requires, even if that is a course which is not a popular one.
My commitment to values also means that I will maintain my sense of justice and integrity. These are two values that I do not think can be separated. A commitment to justice requires that I, as a judge, after listening to the evidence and applying the law to the facts in each case in my courtroom, reach beyond that almost mechanical protocol and fully comprehend how my decision will affect the human beings involved in the case. It also requires me to make the effort to appreciate whether that decision is fundamentally fair to each of these people. This coupled with a commitment to integrity, which requires me not to knowingly do anything that I know to be wrong or to say anything that I know to be untrue, will hopefully bring the result dictated by me as a judge in each case as close to justice as is humanly possible.
Finally, I resolve to remember that perhaps the most important New Year’s resolution that a judge or anyone else can make in both their professional and personal lives is to be a decent human being and to maintain a sense of humor. That requires that I continue to take my job seriously and myself less so. It means that I must try at all times to see the irony and on occasion the mirth in most situations. It also, perhaps most importantly, means remembering the words of the lawyer Reverdy Johnson in the play, “The Trial of Mary Surratt.”
“We have struggled through centuries of ignorance and terror to where life is made secure and worth living, by a faith in justice. Far greater than anything man has wrought from his surroundings is that concept of justice. He may lose his belief in God and still find life endurable. He can be robbed of his faith in love and the goodness of man and still survive. But render justice meaningless and you destroy the last of his faiths. In self-defense, he must turn back to violence for survival. This room is filled with a million ghosts. The dead and the unborn plead for a just world. It has been over two thousand years since we were told that the race is not to the swift nor the battle to the strong nor justice to the innocent. Is that to be the hopeless law of life? Surely we have made a little progress in all those years. Surely justice can be the reward of the innocent. I beg you to pause – to listen above the cries for vengeance and to hear the voices of these gentle ghosts.”
We should all listen to the voices of our “gentle ghosts” at least a little more in 2006 than before. Have a happy and fulfilling New Year.