Judicial independence should be encouraged
Mar. 20, 2002
The members of the Bar Association of Montgomery County are concerned about the media attention to Judge Durke Thompson's decision to award a defendant a new trial in rape case.
The conundrum facing Thompson was not whether the defendant was guilty or innocent, but whether he had gotten a fair trial on the rape issue.
Thompson did not determine that the defendant was innocent of second-degree rape or otherwise release him from the vise of the criminal process for that alleged crime. He granted a new trial on that charge. The state has the right to try the defendant again.
The process made it appear to some that the judge was laying in wait for female litigants. That appearance is wrong. Rather, the judge was exercising the discretion that the law requires he exercise.
Our concern is the clear and present danger posed by ad hominem attack on judges in the judicial decision-making process. Unjustified and unfair criticism erodes public confidence in the judicial system and weakens the administration of justice.
What is going to happen the next time a case arises where a judge is asked to set aside a rape conviction? Will that judge have the strength of conviction to grant the motion if he or she thinks it appropriate, knowing that he or she will then be subject of similar press releases or will fear of being personally attacked effect the judge's decision-making? Or, if the case has some racial or ethnic or other overtones, will the judge hesitate to act or alter the decision he or she would otherwise make because of a fear of adverse publicity?
Equally important, Thompson and his colleagues are good and decent men and women whose lives, too, can be torn asunder by an inappropriate criticism that results in an avalanche of adverse publicity they are not allowed to publicly rebut.
A judge's ruling in a "hot" case that will likely result in negative publicity for the judge is an act of bravery, not indiscretion. Though brutalized in the press, Thompson's willingness to protect the rights of the defendant based upon his understanding of the law is exactly the kind of judicial independence that should be encouraged.
Glenn M. Cooper, Rockville
The writer is president, Bar Association of Montgomery County. This letter was approved by the executive committee of the Bar Association, excluding members employed in the Office of the State's Attorney and certain judicial officials, who did not participate in the discussion or approval of this letter.