Judges deserve respect, not scorn

In my favorite play, "A Man for All Seasons," there is a very profound discussion between Sir Thomas More (who was, above all, a man of God in addition to being one of the leading lawyers of his time) and his daughter's suitor, regarding the body of man's laws in existence at that time and how they serve us all. The young man feels it is all right to "cut down" every law to get "the Devil," who broke "God's law." But Sir Thomas explains to him that although man's laws are far below those of God, we are only men and must " . . . stick to what's legal." Sir Thomas points out that he is not God. "The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager." Men can only navigate man's laws. One must give " . . . the Devil benefit of the law," for one's own safety's sake. The rule of law is there to protect us all.

Such is the case in the recent in the events surrounding the Schiavo matter. They have been disturbing and upsetting to all of us. There is conflict on many aspects of the matter. Issues are seldom black and white. However, the one aspect of the issue which is black and white and which causes me great concern is that there are commentators out there who are attempting to capitalize on this tragedy and further increase the cultural divide in our country. Attacks on the judiciary and movements to radically modify the operation of the rule of law, and our time-tested system of justice, will ultimately benefit no one and will likely cause serious harm.

We are a country of laws and must be so to survive. Our Constitution and the rule of law, including the doctrine of separation of powers, have served us well over the past two and a half centuries and are the primary reasons our country is so great. For anyone to utilize a tragedy such as this to promote the radical modification of our time-tested system of justice is not only inappropriate, but, subject to inevitable shifts in the political wind, may some day come back to harm those who are now promoting that modification.

My friend, Robert J. Grey Jr., the current president of the American Bar Association, issued a short release last week on this issue, which states far more eloquently than I could the concerns of all of us who believe in the preservation of the rule of law. "Regardless of how one feels about the specific circumstances of this situation, the role of the judiciary in it is clear and straightforward. The federal and state judges who have been assigned this case have been charged with weighing the facts of the case and the remedies set forth in the law, responsibilities they have carried out valiantly and with great dignity and sensitivity to the anguish that all of the participants in this case have endured."

"While it is appropriate for commentators, policymakers and the broader public to debate the societal challenges and dilemmas brought to light by Terri Schiavo's case, there is no need for personal attacks on the judges in this case. They are not killers as some have called them, nor are they activists bent on pushing an ideological agenda. They are simply dedicated public servants called on to serve as impartial arbiters in a very difficult case. Instead of maligning them for applying existing law to the case at hand, even though it may not reflect the current will of Congress, we should praise them for dispensing even-handed justice and upholding the independence of the judiciary even under the most difficult circumstances. These judges deserve our respect, not our scorn."

Charles R. Brown is a tax attorney and former President of the Utah State Bar.

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