Preserving an independent judiciary.

• Author: Coker, Howard C.
• Position: Editorial

More than 200 years ago the Founders of our nation created a form of government that is now the model for the world, especially for those new democracies that have emerged in recent years. These new democracies recognize the genius behind the system of checks and balances we have been blessed with for so long. The inherent advantage that at once separates and commingles the three different functions of creating, enforcing and interpreting laws among the three branches of government is the key component of our unique and successful system of self-government.

A fundamental part of this system, one that foreign leaders recognize as a master stroke of government design, is the existence of an independent judiciary--judges who are able to act without concern for the day-to-day whims of politics to protect every citizen's individual liberties and to prevent a tyranny of the majority.

For more than two centuries--for as long as our nation has existed--this separation of powers has worked to protect our freedom. Indeed, our progress as a society often has been forged by a judiciary free from partisan politics; a judiciary acting on the basis of what is right and just, not just what is popular; a judiciary able to protect ordinary citizens from political groups, big government, and, sometimes, even each other.

Today some self-serving political factions and misinformed citizens seem ready to destroy this delicate balance by attempting to inhibit judges from exercising their constitutional obligations of deciding cases fairly and impartially. Why? Not because any of the threatened judges has been accused of wrongdoing or improper conduct sufficient for removal through impeachment or other disciplinary proceeding, but simply because of some highly publicized rulings with which some political factions disagree. To place the judiciary under this standard is to undermine the benefits to the public good that result from judges able to serve as buffers against society's excesses.

Imagine if judges could be removed from the bench simply because some powerful political group disagrees with their decisions. Would the falsely accused have a fair opportunity to vindicate themselves in court?Would the evils of segregation have been challenged? Would ordinary citizens have an impartial forum to seek redress against big business or government?

The process of removing judges from office intentionally is difficult, precisely to ensure fair and impartial courts free...