Can we ever take politics out of the judicial system?

Today I wanted to touch on a subject that raises a strong public concern. An issue of

great public concern to say the least. We have seen this issue rise up on a national

atmosphere. We have all too long seen politics play into the atmosphere of other political

figures and impacting people at a local level. That issue is how do we take politics out of

the judicial system if it can be removed. Not that this is anything new, but it is a daunting

problem irrespective of ethical canons that govern our profession. The question is what

cause it; how long has it been around; and how might it be eliminated?

How Long Has Politics Played into Criminal Justice

We know and can be assured that the game of politics has been in our lives as far back

as time has recorded. The legal profession has never been immune from it. When Jesus

Christ was on trial and was brought before Pilate, did Pilate want to make a decision? Not

actually. He was the judge and the jury. He did try Jesus and In fact he declared him

innocent. However, he feared a rebellion from the Priests or Rabbis at that time. It was

they that initiated a crowd to shout for his arrest and for the persecution of Jesus. Instead,

of seeking true justice, Pilate played right into their hands. What preceded his death and

how did the leadership of justice fail. Trace the steps:

First, Jesus was interrogated. Pilate found no fault. He declared Jesus innocent multiple

times. However, Jesus did not deny he was a King. He stated, instead his kingdom was not

of this world.

Second, seeking to avoid having to make a political decision he sent Jesus to Herod.

Herod was in Jerusalem at the time and he was sent back to Pilate.

Third, seeking a way out, Pilate declared it was Passover and declared that the people had

their own custom to ask for the freedom of one prison at that day. Rigging the crowd,

the Priests had many to yell for the release of Barabas in lieu of Jesus. Thus, Jesus went to

the cross on behalf of the world. An innocent man; charged; convicted; and punished.

But why? Pilate the governor did not want to upset the Priests, and the decision became

one of a political decision and not that of a matter of law. Today, politics invades the legal

atmosphere in America as it has all around the world. Prosecutors elect to prosecute,

turning their heads to exculpatory evidence. Judges might be concerned with reelection

perceptions and how the public might perceive them. Do such acts happen, and is it truly

a problem? Yes, as has always happened throughout history.

What is the Root of the Problem

Yes, we all should be concerned. What drives judges and prosecutors and law

enforcement officers in their decision making? The answer can be summed up largely

with one answer. A golden pension they would not get elsewhere. Prosecutors seek to

appease law enforcement recognizing them as a large voting block. Do they want to

make them happy? Yes! How do they do that? Making sure that cases are not easily

dismissed. Can and does this analogy carry on at different levels? Logically one would

think so. The positional motive is sad but logically money driven. That’s the hard cold

fact of the matter.

This drive for money has allowed us to see the hardest lessons in recent years.

President Trump was falsely accused. His residence was raided. False investigations

undertaken and the courts became at frequent times agents in the course thereof. That’s

a grim hard fact. A sad fact that makes daily life often very uncomfortable.

Statistical Considerations

Dwell on this simple fact. Currently, there exists 630 Circuit Judgeships in Florida. They

each make approximately $182,000 per year. Lets assume these 630 judges all vested and

could retire tomorrow. The sum due for 630 employees to the public would be

$114,660,000. per year. Once again, presuming all were fully vested. Now assume further

that these 630 employees might live ten years. What’s the debt on society?

$1,146,600,000. Now, you can see the golden parachute as they see it. They are well

aware of the fact this can only be done at their level. So much for government servants.

This indeed creates a financial motive which undoubtedly has to have some impact on

the job. Who would want to lose that benefit? No one in their right mind. A communist

conversion is not the solution, but instead a higher drive to resolve the problem from a

capitalist perspective is.

How do we Solve This Problem

Its not to pay them less. No! Pay them more! Let them know we as a public want your

service and the best thereof. Free of distractions. Pay them more with the understanding,

“one, your term is limited.” Don’t be distracted and understand you too will need to find

work elsewhere. The public cant finance your private gold mine.

All government employees of the highest order hold a position of trust. Thus, two “term

limitations should be applicable.” The President of the United States cannot hold office

indefinitely. Why? Because thereupon he might become tyrannical. Such employees of

the highest order should not take offense, but understand it is for the public welfare to

ensure they do not become distracted and thus dictators. We see this as on display across

America currently. Thus, their limitation should compensate them most fairly knowing

that we are not investing in permeance of the highest order to ensure against tyrannical

leadership.

Conclusion

Mankind has always been his own worst enemy. Money, power, position, have all had an

impact on mankind and often in a terrible way. We see it every day in the legal and political

system. Jobs, political moves, decision making, and power plays influence those in

position to please others in the long run all too often to the harm of society. The legal

profession is no different. Canons of professional conduct do not guarantee morality.

Removing the primary influences of long term financial safety for oneself and their own

family is a big distracting force. Neither should society have to bear this ungodly sum for

a few.

Society needs to pay more on the short term for our professional judges; limit durations

of employment; and in turn direct its leadership to invest wisely on their own. We need

to be in control of our society and not beholden to some which may be sidetracked in

their mission and in turn err against society itself by abandoning their primary mission. I

keep my head high knowing the great society we all share can yet still be improved upon

and always be that shinning city on a hill. To this very day, we still have the best legal

system in the world in America. Its future must be strictly guarded and protected. Abuse

of position can most surely be protected for the betterment of mankind by those

principles espoused above. We must invest in the future yet guard against its abuse.

Sincerely,

Jeffrey W. Wiggs, Esq.

307 N. Barrow Ave.

Tavares, Fl. 32778

Ph: (352) 253-0100