The Hon. Judge Walter Rice, now the senior United States district judge of the United States District Court for the Southern District of Ohio, has served more than 55 years on the bench in various courts. He, like many others, remains concerned about the fraying of one American society’s basic principles.
The “respect for the rule of law and the acceptance of legal decisions, whether we agree with them or not, is something that is vanishing from our society,” he said in an interview.
A lightly edited transcript of my discussion with Judge Rice follows. While he spoke specifically of the judiciary, his important observations remain relevant to all quarters of government.
Ray Marcano: Federal judges have received more than 1,000 threats over the last five years, and 50 suspects have been arrested. That’s a concerning development.
Judge Rice: I’ve seen, in the media and even talking to people locally, that there is a growing disrespect for the law, which mirrors a growing disrespect for all of the institutions we used to hold in a much higher regard. I think the cause is based on two things. The media and the public cover legal issues as entertainment rather than a function of the law and our governing structure. If you reduce the rule of law to entertainment — and the television media, I think it’s the biggest offender of that — then people are going to take more extreme position; positions beyond simply approving or disapproving of a particular decision but going to the extremes (with) their feelings and comments about a particular decision. Our leaders have denigrated the rule of law. It’s one thing to say, ‘I don’t approve of a given decision and we’re going do all we can to get it reversed in a higher court.’ There’s nothing wrong with that. But when you call the author of an opinion a lunatic, whether from the left or the right, it’s not surprising that respect for the rule of law and the acceptance of legal decisions, whether we agree with them or not, is something that is vanishing from our society. It’s been a long time since I have seen a print article or heard a television report that names a given judge who made a decision on an issue, and immediately after (doesn’t say) a Trump appointee or an Obama appointee. So, why should the public not begin to believe that the court system is political?
RM: Because they attach the name of not only the person, but the party to the decision, instead of just reading the words.
Judge Rice: That’s true. And, again, because the law is being treated by the media as entertainment, members of the public simply feel free to vet their dislike by transferring a dislike of an opinion to the person who authored it.
RM: So, entertainment means that instead of just simply saying, ‘Here’s the decision, here’s what the judge said,’ the media moves to a panel of four or five people yelling.
Judge Rice: That’s absolutely correct. But there’s the same type of talking-head discussion before a decision is made and the case has been filed, or as it’s working its way up to a final decision.
RM: Part of this issue is that media companies no longer invest in the expertise needed to cover complex issues.
Judge Rice: I could not agree with you more. The people who cover the courts don’t understand what they’re covering, they have little experience, and they’re not lawyers. We’re fortunate if they bother to check with us so we can explain. Judges are reluctant to explain their opinions beyond the opinions themselves. Much of what reaches the public is either inaccurate or focuses on something not dispositive in the litigation.
RM: Is there a way to rebuild confidence in the judicial system?
Judge Rice: Lawyers and members of the judicial profession have to become more interactive with the public. I believe we have an obligation not to explain a given opinion, but to explain the system. To explain that we are limited by the facts and the precedent, the rule of law. We don’t do that well enough. I think with the criticism of the judiciary that is so prevalent today, I’m afraid that fewer opportunities to interact with the public will be accepted.
RM: Are you aware of any threats in the federal court here among federal court judges?
Judge Rice: We get letters occasionally from people we have sentenced that vent their displeasure. I’ve received a very, very few threats in over 55 years.
RM: How do we all help solve what is a dangerous problem?
Judge Rice: We have to explain ourselves better. We have to explain what we do and the limits that find us. I’m often asked, ‘How could you decide the particular case in this fashion?’ That’s the kind of question you ask a legislator, who is determining how to vote or has voted on a legislative bill. We have to explain what limits us. Secondly, we need to get back to what you and I experienced in school, and that is a thorough grounding in how the government and our system, including the rule of law, operate. The rule of law is the most important distinction in my opinion, between this country and so many, if not all of the others. And the example I give is the Supreme Court rendered the decision that stopped the recounting and basically gave the presidency to George W. Bush. Half the country was delighted. The other half was furious, and yet we didn’t have riots in the streets. In most other countries in the world, you would be seeing, if not riots and rioting, certainly disturbances in the streets of many, many cities. This is our biggest distinguishing factor. It’s what helps to make this country one of great potential and occasionally helps the realities align with that potential. And we have to make certain that every citizen in this country understands what we have and works hard to protect it.
RM: What would you say to somebody who has lost faith?
Judge Rice: If you like faith in the rule of law, you’re probably hesitant to go to court to defend your rights, or you’re less likely to go to advocate for your position. If that premise is correct, you’re going to begin taking the law into your own hands, whether you’re a private citizen or a public official. Law sets up a model for members of society’s interactions with each other. And without respect for the rule of law, without a, dedicated belief in it, we would have anarchy in this country.
Ray Marcano’s column appears each Sunday on these pages.
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