About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

9 J. Christian Legal Thought 34 (2019)
The Independence of Judicial Conscience

handle is hein.journals/jchlet9 and id is 62 raw text is: JOURNAL OF CHRISTIAN LEGAL THOUGHT THE INDEPENDENCE OF JUDICIAL CONSCIENCE BY BARRY W BUSSEY n the fall of 2018, by means of written questions, Senator Mazie Hirono challenged Nebraska District Court judge nominee Brian Buescher's suitability for the bench because he belonged to a Catholic frater- nal order, the Knights of Columbus.' Hirono claimed that the Knights have extreme positions;' such as belief in traditional marriage, and asked Buescher, If con- firmed, do you intend to end your membership with this organization to avoid any appearance of bias?2 Similarly, Senator Kamala Harris in her questioning of Buescher objected to the fact that the Knights of Columbus, an all-male society comprised of primarily Catholic men... opposes a woman's right to choose[3 Buescher responded to these concerns by asserting that he would abide by the judicial oath and would remain faithful to US law.4 Meanwhile, a recent political drama in Canada ex- posed similar pressures on the judiciary when Prime Minister Trudeau fired his Attorney General, Jody Wilson-Raybould. Among other concerns, the Prime Minister apparently questioned Wilson-Raybould's judgement in recommending ChiefJustice Glenn Joyal of the Manitoba Court of Queen's Bench as a replace- ment for retiring Chief Justice Beverley McLachlin of the Supreme Court of Canada.S Joyal CJ had expressed concerns over the Supreme Court's liberal interpreta- tions of the Canadian Charter of Rights and Freedoms, and had given a speech against judicial activism; hence, the Prime Minister was evidently concerned that Joyal CJ might not support LGBTQ2 rights or abortion.6 In other words, Joyal had the wrong opinions.7 These controversies highlight a fascination with the personal and moral opinions of those who hold judicial office. Competence and character are no longer the sole criteria for evaluating a judicial nominee; candidates face a climate which demands they have the correct moral opinions on fundamental human rights issues. Those issues include abortion, marriage, and the euphemisti- cally-termed Medical Assistance in Dying (MAiD). Given the importance of the judicial role, the stakes are high, so it is not without some trepidation that I wade into these turbulent waters. After all, a judge embodies, in one person, all that defines a liberal democratic state. This is a person who is called upon not only to efficiently make complex decisions but to do so competently and fairly. The judge represents impartiality-the view that both the plaintiff and the defendant, the prosecutor and the accused, will have a fair, unbiased arbiter who can neither be bought nor sold but has the courage to make the right and proper decision. It is worth noting that the Knights of Columbus contribute hundreds of millions of dollars and volunteer hours to humanitar- ian and community- oriented projects around the globe, including disaster and war relief, scholarships, and food programs none of which were mentioned by the senators. 2 NOMINATION OF BRIAN BUESCHER TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA, QUESTIONS FOR THE RECORD DECEMBER 5, 2018, https://www.judiciary.senate.gov/imo/media/doc/Buescher%20 Resp onses%20to%200FRs.pdf. See also STEVE CORTES, ANTI-CATHOLIC SENATORS, REAL CLEAR POLITICS (DECEMBER 26, 2018), https://www.realclearpolitics.com/articles/2018/12/26/anti-catholic-senators-139012.htm. 3 Id. 4 Id. 5 Joan Bryden, 'This is wrong': ex-Supreme Court candidate says his candidacy is being used to further an agenda, THE CANADIAN PRESS (MARCH 25, 2019), https://globalnews.ca/news/5094485/wilson-raybould-trudeau-glenn-joyal/. 6 Id. 7 The Trinity Western University law school case exemplified the same fear of lawyers and judges having unpopular opinions on fundamental human life issues. Heather Burchill, DeputyJudge Advocate for the Canadian Forces, argued that in light of the University's religious views, accepting Trinity's application would strike a blow to the heart of our profession (email to Ren6 Gallant in NOVA SCOTIA BARRISTERS' SOCIETY, TRINITY WESTERN UNIVERSITY SUBMISSIONS (2014), 13, htp:// nsbs.org/sites/default/files/ftp/TWUSubmissions/2014-02-10 ExecPkg TWUSubmissions.pdf). VOL. 9, No. 2

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most