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FAIR & IMPARTIAL COURTS
In America, courts exist to protect people and their rights, to guarantee fairness and justice for all. The procession of people through the nation’s courts reflects the essence and issues within our country, from the smallest traffic offense to the most serious criminal case. Unlike legislators, judges must stand apart from politics and provide fair and impartial resolution of disputes.
In most elections, candidates answer for themselves, but judges and judicial elections are different. Judges are bound by the very code of ethics they follow, which makes them good, fair judges. They can’t comment on cases, out of concern that they would have to remove themselves from a future case due to having prejudged a matter or giving the perception that they lack impartiality.
What Makes Someone a “Good” Judge?
Judges must be impartial, fair, and understand the law. Judges should be selected based on their legal abilities, temperament, and commitment to follow the law and decide cases consistent with a judge’s duty to uphold the law regardless of their personal views. The Tennessee Code of Judicial Conduct requires certain characteristics of judges as set forth at http://www.tsc.state.tn.us/rules/supreme-court/10. In addition to being well versed in the law, highly qualified judicial candidates should have a strong work ethic, intellect and have the type of judicial temperament that includes courtesy, patience, independence, impartiality, and respect for all participants in the legal process. These rules do not allow judicial candidates to discuss their views on controversial issues or to take a public position on issues that might come before the court. As a result, many voters do not have the opportunity to learn much about the judicial candidates.
Let’s Face It - Life Isn't Always Fair
A courtroom is the place to go to right a wrong or address an injustice. The peaceful resolution of differences depends on fair judges. When we are involved in a lawsuit, we need to have confidence that judges will decide our case on the basis of the law and the evidence presented - with no consideration of the political affiliation of the individuals involved or who may support or oppose a particular outcome. We want judges’ decisions to be fair and impartial, so that those who win and those who lose know they received a fair hearing and can trust the process.
We Must Not Take the Rule of Law for Granted
In some countries, judges cannot be trusted to decide cases fairly and impartially. They are subject to outside pressures from forces that control the government. Our Constitution creates the judicial branch separate from the other branches of government, so that the courts can provide decisions free from politics and special interests.
Voters Play a Critical Role
The judicial process is threatened when large amounts of money and political pressures are applied to influence how cases are decided in the courts. Voters play a critical role in protecting the courts from those attacks and pressures by determining the best judicial selection processes, rejecting attempts to politicize the courts, and participating in and choosing fair and impartial state court judges. To do this, voters must be fully informed about the value and importance of fair and impartial courts and the role of the courts in our system of government.
Voters who know that special interest attacks and political interference or pressures have no place in the courts will reject efforts to politicize judicial races. When we, as voters, understand what judges do and how the courts are supposed to work, we are more likely to vote based on a judge's character, integrity and willingness to decide cases based on the law and the evidence.
Informed voters will not want judges influenced by politics or special interests, or by fear of losing their position because a powerful group dislikes a particular decision. We should consider the differences between judges and other public officials when we cast our votes. Judges should make decisions based on the law and not be pressured based on politics or special interests.
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Learn about Knox County courts and how the judges are selected. | Vote for judges you can trust to make impartial decisions based on fair consideration of the facts and law. |
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