Imagine a profession where you're expected to be an expert on criminal procedure, congressional redistricting, wetlands regulation, abortion and war -- among other topics. Well, welcome to the world of a federal justice.
It's critical that judges understand the subjects they're
deciding on. That's especially true for lower courts, where, unlike
the Supreme Court, judges don't have the power to decide which
cases they'll hear. A lawyer who has spent decades in private
practice may be appointed to the bench and find himself hearing
complex cases on a variety of topics.
So how can judges stay on top of it all? One way is through
educational seminars, such as those sponsored by the Federal
Judicial Center, the research agency for the federal courts. But
just as judges can't be experts in everything, the center can't
either. That's where presentations sponsored by independent
educational groups come in. Many excellent programs are sponsored
by university institutes with nationally renowned scholars, none of
whom have any cases before the courts.
They fill in the gaps, giving judges a chance to learn in depth
about complicated matters that may come before their courts. As the
late Chief Justice William Rehnquist said in a 2001 speech,
"Seminars organized by law schools, bar associations and other
private organizations are a valuable and necessary source of
education in addition to that provided by the Federal Judicial
Center."
Sadly, not everyone agrees.
A Washington-based pressure group called the Community Rights
Counsel is working to ban independent seminars for judges. The
group is funded by George Soros, and it opposes the application of
sound science to judicial decision-making, preferring complete
deference to government control. The group supports a Senate bill
that would ban judges from attending any event not paid for and
approved by the federal government because it knows that would
limit judges' educational opportunities. That's a bad idea.
After all, a judge doesn't stop learning when he finishes law
school. Not even the best education can teach everything a student
will ever need to know. However, a good education can teach one how
to think, so the student will be able to approach new situations
intelligently and make good decisions.
The same is true of judicial seminars. A good one will expose
participants to ideas and let them think through those ideas.
Several years ago, the late Richard Arnold, then a judge on the
Eighth Circuit, attended a seminar organized by the free-market
Foundation for Research on Economics and the Environment, which is
affiliated with Montana State University. He lauded the
"intellectual quality" of the presentation and added, "it may never
help me decide a specific case, but it will broaden the minds of
all those that heard it, and that's more important."
Some opponents claim that judges might be influenced by these
seminars to consider social science research and to better evaluate
expert testimony. But weighing evidence and evaluating experts is
what judges do. Don't they listen daily to lawyers on both sides
who want to sway their opinion?
As the U.S. Judicial Conference Committee on Codes of Conduct says
in its guidelines, "the education of judges in various academic
disciplines serves the public interest. That a lecture or seminar
may emphasize a particular viewpoint or school of thought does not
in itself preclude a judge from attending. Judges are continually
exposed to competing views and arguments and are trained to weigh
them."
As a safety net, judges are required to disclose which seminars
they attend. And, as Rehnquist once put it, "existing legal and
ethics provisions quite properly restrict judges from accepting
benefits from parties to litigation before them and provide for
disqualification in any instance where a judge's impartiality might
reasonably be questioned."
We trust judges to make decisions on a wide variety of topics.
Surely we can trust them to attend seminars without compromising
their integrity. As is so often the case, the solution isn't more
federal laws or a federal monopoly on education, just more common
sense.
Edwin
Feulner is president of The Heritage Foundation
(heritage.org), a Washington-based public policy research institute
and co-author of the new book Getting
America Right.
First Appeared in the Chicago Sun-Times