The Thirty-Fifth Kenneth J. Hodson Lecture on Criminal Law

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The Thirty-Fifth Kenneth J. Hodson Lecture on Criminal Law

178 MILITARY LAW REVIEW [Vol. 193

THE THIRTY-FIFTH KENNETH J. HODSON LECTURE ON CRIMINAL LAW*

H.F. "SPARKY" GIERKE1

"Reflections of the Past: Continuing to Grow, Willing to Change, Always Striving to Serve"

I. Introduction

First of all, I want to thank you for the kind and warm introduction. Secondly, I want thank those who honored me by inviting me to deliver the 35th Annual Kenneth J. Hodson Lecture. I'm particularly pleased to have this honor because I served as an Army JAG officer from 10 May 1967 until 15 April 1971; almost all that time, General Hodson was the TJAG. He, indeed, was an extraordinary Judge Advocate who made outstanding contributions to the military justice system. It was, indeed, a high honor to serve under him.

I would also like to bring greetings from all of my colleagues at the court. As a senior judge, I still feel and always will feel that I am part of the court.

I am very pleased to have the opportunity to speak to this audience because you and I have some common experiences and goals.

First, we both have had the privilege to serve as a Judge Advocate. Second, we enjoy this privilege in a special military justice system. We serve a military that has the goal to provide for our national defense and security. To help accomplish that purpose, the military justice system provides each service member with a fair trial and quality legal services.

As I reflect back on my experiences in the military justice system, I will, for the most part, do so from the perspective of a judge. Many of you in this audience have had or will have the experience of being a judge. Some of you have or will have some of your richest professional experiences on the bench. Your experiences will mold you, shape you, and make you who you are. I believe we are better lawyers and people because we have developed, changed, and grown while embracing this unique and special privilege of serving as a judge. I have entitled my remarks Continuing to Grow, Willing to Change, Always Striving to Serve.

A. Continuing to Grow

If you want to be a good judge, you have to be passionate about both the law and life. You must stay eager to learn and to grow. Justice John Paul Stevens, in a 2005 speech at Fordham Law School, stated it best: "[L]earning on the job is essential to judging."2 I can reaffirm the truth of this statement. In my nearly twenty-five years as a military judge, North Dakota Supreme Court justice, and judge on the Court of Appeals for the Armed Forces, I can say that the capacity to grow is one of the top qualities of being a competent, successful, and happy judge.

President Bush recently appointed two new judges to our court, Judge Scott Stuckey and Judge Marga...

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