County Judges' Dilemma
Written By: Jerry Hanson | Posted: Saturday, February 27th, 2016
On April 5th, 2016, the voters of Eau Claire County will be voting for a Circuit Court Judge. The two candidates are Judge Brian Wright and Attorney John Manydeeds.
In an attempt to give you, our readers, some information to help you decide which candidate you believe would make the best judge, I learned that, at the circuit court level, a judge is restricted to the law, the facts of the case, and legal precedents. In other words, as I understand it, a judge in a circuit court can not rule a law unconstitutional or unjust, and thus dismiss a case on that ground. I'm guessing neither candidate views this as a dilemma, but you and I might. Take for example the case of the Amish being evicted from their homes for refusing to get a building permit and refusing to install smoke detectors based on their religious objections. Common sense and a good conscience may impress upon a judge that evicting an Amish family for such a trivial issue is unjust and a violation of their freedom of religion, and their property rights. But since there are county ordinances, state statutes, and since there is no legal precedent for a judge to dismiss such a case, the judge has no choice but to rule against the Amish family, which may make it necessary to evict and fine them for not complying with existing law. Apparently, a judge cannot change or invalidate a law or ordinance, and must respect the rulings of other courts so as to maintain the independence and public confidence in the judiciary. Since I am not a lawyer, neither the preceding, nor the following should be considered as legal advice.
So we see that, in some cases, since we do not want judges legislating from the bench, this can work contrary to common sense, infringe upon fundamental rights, and even violate a judge's conscience. Therefore, if I understand it correctly, in such cases (all cases) a judge is bound by duty and oath to impartially rule against all violators of duly enacted laws and ordinances. If you or I, or the Amish believe our constitutionally protected liberties have, or are being violated by such ordinances, we must appeal to a higher court where the constitutionality of a law can be addressed, or we must work with our legislators to revise or repeal laws or ordinances that we believe are unconstitutional. One would think that since a judge takes an oath to support both the constitution of the United States and that of the state of Wisconsin, some allowance would be made for them to determine a law or ordinance unconstitutional, but apparently that determination must be left to an appellate court, federal court, or a state supreme court. You better have deep pockets or find some legal defense fund to take your case.
In light of theses observations, it would be wise for us citizens to pay more attention to the philosophies and actions of our state legislators and county supervisors. It is our responsibility to impress upon them their responsibility to protect our God given and constitutionally protected rights. It is rare to hear a county board member or state legislator acknowledge that our government's fundamental purpose is to protect the liberties of their constituents. Consider the preamble to the Constitution of the State of Wisconsin: "We, the people of Wisconsin, grateful to Almighty God for freedom, in order to secure its blessings, form a more perfect government, insure domestic tranquility and promote the general welfare, do establish this constitution." According to the preamble, the fundamental purpose of the government of Wisconsin is to secure the blessings of freedom, not the blessings of safety, not the blessings of education, not the blessings of health and human services, and not the blessings of child protective services. Securing the blessings of freedom or liberty is the primary duty of government. It must do other things, like punish evil doers; but a government's first responsibility, and therefore the first responsibility of every legislator, county board supervisor, mayor, governor, and judge is the security of our liberties.
It is vital that you and I work with all our legislators from the local level on up to the federal, if we are to regain our liberties. It is especially important for everyone of us to be in communication with our local and state legislators. Call them often. Meet with them. Give them ideas and feedback. When was the last time you spoke with your county board supervisor and encouraged him or her to curtail the county's intrusions upon your property rights, or to demand they cut spending, or to abolish a county program? Have you ever called them to remind them that they are not to enact any ordinance or program that harms families or promotes immorality?
Thankfully through this means, the state legislators, led by Kathy Bernier, changed the state statute to exempt the Amish from having to meet all the building codes. This has allowed them the free exercise of their religion.
In my brief conversations with each of candidates for Circuit Court Judge, they both strike me as honorable and knowledgeable.
Brian Wright believes that his range of experience makes him the best qualified to remain judge here in Eau Claire County. He said he has been honored to work with all the judges here in Eau Claire. "They all make fair decisions based on law and facts."
John Manydeeds said, "I have had the opportunity to practice in front of many judges. The best judges possess judicial temperament, integrity, common sense, knowledge of the law, and an understanding that the law must be applied in a consistent basis, regardless of personal feelings. I possess these qualities."
So, will it really make much difference which man we elect to be a judge here in Eau Claire County? We certainly want an honorable and knowledgeable judge to sit on our court.
Jerry Hanson is an owner and a writer for the US Journal. Email: .
|
