The country’s top intelligence experts just declared in a now-declassified document that Russian President Vladimir Putin ordered a campaign to influence the U.S. presidential election, according to cnn.com. “Russia’s goals,” they concluded, “were to undermine public faith in the U.S. democratic process….”
Putin clearly saw the soft underbelly of our country. This political thuggery was made possible by our own steep decline in confidence in our public institutions. According to many studied sources, trust in our three branches of government is at an all-time low.
So who or what are we to trust instead? Internet media that focuses on sensationalized, knee-jerk propositions regardless of whether there is any evidence substantiating them? Or perhaps the alternative is becoming apathetic. Unfortunately apathy, while perhaps existing as a comfortable state of mind, cannot survive for any considerable period. With Putin and others poised to attack the bedrock of our nation, apathy would only lend to possible defeat.
I suggest that instead, we should place our hope in history, experience, and the human facet of our democratic ideology. Our form of government has always been best at its most basic level. The lack of sophistication of the Continental Army is an excellent example. The troops were a far cry from the polished British Redcoats. Yet, the rookies fought with spirit and that passion is what forged our country’s greatest pride.
Whether you have seen it or not, the same “heart” that has prevailed throughout American history still lives, and we need to start focusing on it. In fact, its beat drives our third and weakest branch of government: our judiciary. Our federal judiciary uses less than one percent of the total federal budget, yet it handles, with great care, close to 500,000 pending civil and criminal cases at any given time.
You may associate the federal judiciary with the decisions of its highest subdivision—the Supreme Court. Its decisions are often portrayed and perceived as being politically motivated, whether such a depiction is justified. If that is your only impression of our judiciary, then you are missing a great national treasure.
The backbone of our judiciary is comprised of trial-level federal district court judges. There are roughly 637 authorized district court judgeships in the United States. Of those, more than 100 are vacant. Regardless of frequent understaffing and heavy caseloads, the other 500-plus judges devote their lives to delivering justice in a fair and equitable manner on a day-to-day basis.
The passion and heart of the federal judge is clearest when you examine what district court judges do when they “retire.” Given the rules governing the retirement, once a district judge serves for the requisite number of years (defined by a complicated formula), then she may retire and earn a full salary. Yet, many judges decide to continue working. For no extra pay.
The Chattanooga division of our federal judiciary serves as a great example. It is part of the Eastern District of Tennessee. In our division, the last two district court judges to take senior status were the Honorable R. Allan Edgar and Curtis L. Collier. Judge Edgar served for 20 years and delivered significant decisions that had great impact upon our local community, including the landmark Brown v. Board of Commissioners, which shaped the diverse makeup of our City Council and put an end to district lines and privileges that excluded minority representation in local government. In 2005, Judge Edgar “retired,” by moving to Michigan to continue serving as a senior district court judge there—essentially for free.
Judge Collier is another example of the heart that exists in our federal judiciary. Sworn in during 1995, Judge Collier served our district with distinction for over 19 years before taking senior status in 2014. Since taking senior status, instead of enjoying the golf course or taking exotic trips, Judge Collier continues to spend the majority of his time serving our country while sentencing defendants, naturalizing new citizens, and deciding civil matters. He also frequently speaks at local schools and organizations and his story of being raised in segregated schools in rural Arkansas has served as inspiration for many young children.
Judge Edgar and Judge Collier are just two of many federal district judges who feel bound to continuing to better our country through public service even when they could instead focus on personal interests and pursuits. According to Chief Supreme Court Justice John Roberts, federal district court judges are “selfless, patriotic and brave individuals.” Indeed they are. If you feel discouraged or hopeless about the state of our government, then you need only spend some time away from the blogs and instead visit our local federal courthouse and observe justice in action- being delivered by people who care deeply about fairness and our ideals. Our courts are almost always open to the public and the Chattanooga Chapter of the Federal Bar Association would be happy to help arrange a tour.
As we draw near Inauguration Day, have faith. There will always be reason to question whether our elected officials can be trusted or whether our electoral decisions will prove wise. Yet, there is even more reason to believe in our nation and our form of government—the remarkable people who give their lives to serve it.
Donna J. Mikel
Past President—Federal Bar Association-Chattanooga Chapter
Partner, Burnette, Dobson, & Pinchak