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Independence as a Judge's Quality
The Need for Judicial Independence
by Kurt Mausert
A judge's obligation should be to the integrity of the law, to principals of fairness and impartiality. Independence from political concerns is essential to reach the goal envisioned by Justice William O. Douglas. He wrote in U.S. v. Wunderlich:
"Law has reached its finest moment when it has freed man from the unlimited discretion of some ruler, some civil or military official, some bureaucrat."
Because we select judges by popular election, this is an issue worthy of discussing. A political party backed a candidate in an election, and there will be another at the end of the judicial term. In the Federal system, judges are appointed for life. But in New York State, the seat I am running for —Saratoga County Family Court—has a ten year term.
In Saratoga County, every judge at the County level—Family Court, County Court, Supreme Court—for the last 25 years has come from one party only. Every judge elected to our county's Family Court since that court became a separate entity in 1969 has come from that same party.Does one party dominance lead to dysfunction at the expense of the quality of the justice system? Legitimate questions, those.
For a judge to be independent, s/he must do the job without thought of currying favor with powers that be. S/he can't be considering how today's decision will impact next year's election. Simple ideas to put into words—harder to live with when your job is at stake. Worries about political fallout, party loyalty, reelection—all these are the antithesis of independence.
For a judge to be less than independent is to expose the law, and those who depend upon it for protection, to unnecessary harm via abuse of power. Especially in Family Court, where the stakes are highest to those least able to protect themselves—the children—judicial independence is vital.
I will not take the bench feeling that I owe any part of myself to anyone other than those I have sworn to serve—those who by choice or necessity have sought help from the court. My obligation as judge will be to work for the best interests of the children.
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