WE CAN DO BETTER – Part 18

WE CAN DO BETTER – Part 18

By Alan Miller, Candidate for Judge Superior Court II

 

Judicial Independence

 

One of the more serious problems with our current system is the lack of independence between the different participants. The public perception is that the relationships between everyone involved---from judges to prosecutors to defense attorneys and beyond---are just too cozy. The mere appearance of such closeness is enough to create distrust in the system itself. There are several things I will change when elected. 

Neutrality  

Picture this: Your child has just lost a tough, closely contested soccer game. Unfortunately, the outcome came down to a referee’s call near the end of the game. Afterwards, you see the referee and the other team’s coach laughing, then getting into a car together and driving off. How would this make you feel? Would you feel that the final outcome and the call were correct or because of the referee’s relationship with the coach?

Now picture this: You are getting a divorce, suing someone because of some dispute, or you have been arrested for a crime and now must appear before the judge. When the attorney for the opposing side enters the room, you recognize him or her as someone who has contributed financially to the judge’s campaign. Maybe this attorney also walked in a parade supporting the judge or you have seen them eating in a restaurant with the judge---the same judge before which you are about to argue something that is key to your livelihood, something that may affect your children or even your freedom. How would this make you feel? Would you feel that, if the final outcome went against you, it was legally correct or because of the judge’s personal relationship with the attorney?

Neutrality is one of the most, if not the most important trait, that a judge must have. Any party that appears before the court needs to know that their case will be heard fairly, without bias, and that the judge will give them a fair shake, regardless of how they look, where they are from or which attorney they’ve hired. They also need to know that a judge will be able to maintain an appropriate judicial temperament and hear the case without letting their own personal feelings and emotions get in the way.

It has been asserted by the current judge that her neutrality is without question and above reproach. I respectfully disagree. A sitting judge who respects neutrality does not allow a party who appears before her on a daily basis to publicly support her or contribute financially to her campaign. In this election, some of my opponent’s most visible supporters have been the elected prosecuting attorney and members of his staff. You have also probably seen---or heard in radio ads---prominent members of the law enforcement community, individuals whose agencies’ searches and arrests are occasionally the subjects of scrutiny by the court, offering their public support as well. If there was ever an illustration of what is wrong with our system locally, this is it. To allow this to continue does not look good. It is not right. It does not convey a sense of fairness. To allow such appearances of impropriety to continue is unacceptable and simply will not happen when I am elected.

 

Social relationships

 

A judge must not have close social relationships with prosecutors, defense attorneys, or any other attorney who may appear before him or her. A judge has no business making social visits or going to lunch with individuals who work in other offices within the courthouse. A member of a judge’s immediate family must not work in other offices within the courthouse.

I have a sister currently practicing law in Dearborn County. However, one of the first acts I will perform as judge will be to draft and implement a new local rule prohibiting her from appearing before me.

When elected, close social relationships with prosecutors or attorneys appearing before the court cannot and will not continue. You will not see me making social visits or going to lunch with courthouse employees who do not work in my office. You will not see members of my immediate family working in the courthouse.

 

This is the eighteenth part of my platform statement; a detailed proposal for how to improve our current justice system. It will be released over the next several months through facebook.com/makeitmiller2012 and makeitmiller2012.com. PLEASE feel free to forward this to your friends and family.
Thanks for your continued support!

Alan Miller