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Indiana Judges Association: Judges are good government partners

David J. Dreyer
January 30, 2013
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IJA-Dreyer-DavidDear Gov. Pence:

Congratulations on your election as Governor of Indiana and for a job well done. All Indiana judges look forward to serving with you and your administration in the coming years. As a lawyer, you appreciate the role of courts and judges. However, many of our citizens simply do not know what courts do and what a judge’s job really is.

Thomas Jefferson once said:

“I know no safe depositary of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education.”

Some observers wonder if there is a deficit of “legal literacy” among our communities. A few years back, the National School Board Association publicly urged its members to learn more about the legal system and how schools operate within it. These days, there is even The Legal Literacy Project which seeks to educate non-lawyers about the laws that affect their lives. Overall, legal literacy can be defined as an elementary knowledge of laws and basic information about how the legal system works. Detailed expertise is not necessary, but a citizen needs legal literacy to properly evaluate one’s legal needs, fairly discern the issues of the day, or decide how to vote. All too often, the shtick of Judge Judy is the indelible image in people’s minds about courts.

And it is often surprising to us how often the general public and media presume that judges are just like other public officials. But as you know, Governor, we do not have political advisers, public opinion polls, press conferences or even photo ops. All we have is public confidence (hopefully), our partners in other branches of government and, of course, the law.

Overall, we are encouraged that you will always be supportive of judges’ limited role in government and appreciative of judges as good government partners. This may occasionally be problematic, especially when we disagree, and because we can never meet and discuss policy like the legislative branch. No, we are constitutional teammates, but we can’t audible plays, like Peyton Manning. Instead, we govern together in the time-honored adversary process – judges only get involved when people bring their problems to us. Believe me, there are plenty of them, every day, all year round. A trial court judge probably meets more citizens and solves more everyday problems than any other elected official. And he or she does it alone.

So in good faith and the spirit of optimism that should accompany the beginning of every governor’s term, we express our gratitude for your work to come and your understanding of the work of the courts. If you want, you can forward the notes below to anyone you think would benefit from becoming more legally literate.

1. Law is about people: As this column has shown before, every case involves people, no matter what. As someone else once said, that even includes corporations. The effects of a judge’s ruling affects people as individuals, employees, shareholders, doctors, patients, neighbors and sometimes state officials. But law is not politics and not policy – we judges do not announce personal positions or seek to get anything accomplished other than the law’s answer to the case before us.

2. Judges are people, too: There is nothing harder for people to understand than the fact that judges do not rule on the basis of preference. Sure, we like some lawyers better than others and feel more sympathetic to one party in a case sometimes. We even wish some laws were different on occasion. But those personal considerations mean nothing when we do our jobs. Really.

3. The judiciary is the “least dangerous branch”: As you know, Alexander Hamilton wrote in the Federalist Papers to alleviate some concerns about the power of federal judges with lifetime appointments. He said that the courts have “no influence over either the sword or the purse . . . It may truly be said to have neither FORCE nor WILL, but merely judgment.” Overall, that is still true – we judges rely on the other branches to make sure the laws are followed, rulings are enforced and the public continues to have confidence in all of us. Without that, we lose the rule of law.

We know you appreciate the chance to hear from judges about how to remain good government partners. We hope to be in touch through the appropriate channels – bar association events, public forums, law school presentations and columns like this. We look forward to hearing from you as well. Good luck, as we both carry on the people’s business.•

__________

Judge David J. Dreyer has been a judge for the Marion Superior Court since 1997. He is a graduate of the University of Notre Dame and Notre Dame Law School. He is a former board member of the Indiana Judges Association. The opinions expressed are those of the author.

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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