February 1, 2001 Regular News Russomanno talks judicial independence with students Russomanno talks judicial independence with students Bar President Herman Russomanno recently spoke at the Florida high school “We the People.. . The Citizens and the Constitution” mock congressional hearing competition at the University of Central Florida. The competition, at which the students demonstrate their knowledge of American rights and responsibilities, is sponsored by the Florida Law Related Education Association. Below is Russomanno’s speech on the importance of judicial independence. The Florida Bar is indeed honored to participate in the 2001 “We the People…The Citizen and The Constitution” High School Competition. On behalf of The Florida Bar and our Board of Governors, we congratulate you for your outstanding accomplishments. You are the students from the great state of Florida. You are the defending national champions. You are the best of the best, and due to your diligent preparation, you have qualified to participate in the state finals this year. You are exceptional students who have special gifts, which include the power of persuasion. You are also blessed to live in this wonderful country where you can study the United States Constitution and the Bill of Rights and learn first hand the institutions of American Constitutional Democracy. As you study America’s constitutional ideals you see the influence of our ideals about government and human rights on the rest of the world. Few historic documents have had the impact of the Declaration of Independence and the U.S. Constitution. These words have been copied in other countries’ charters of freedom. The first three words of the Constitution’s Preamble, “We the People,” are so powerful. While written over 214 years ago, these simple words and what they represent are envied today by billions of people around the world. On behalf of The Florida Bar, we thank all the excellent teachers who have educated their students about the meaning and value of the U.S. Constitution. And to The Florida Law Related Education Association, its executive director Annette Boyd Pitts, Steve Shenkman and its entire staff, our congratulations for the outstanding work you do in improving justice through law and citizenship education opportunities. Your association has a distinguished history of developing and implementing law related education programs in Florida and through international exchange. What elements of American constitutionalism have been most widely adopted by other countries? The most widely admired and imitated feature of the U.S. Constitution, after the Bill of Rights, has been the establishment of an independent judiciary. An inviolate—secure from outside influence—judicial branch acts as the watchdog of the Constitution and prevents the executive and legislative branches of government from disregarding it. The judicial branch helps to ensure that the words of the Constitution will be obeyed by the government. As future leaders you must embrace the importance of judicial independence, you must protect our constitutional heritage, and you must vigorously defend judicial independence from attack. In the Declaration of Independence, Thomas Jefferson protested the fact that King George III “made judges dependent on his will alone.” British judges who wanted to keep their jobs lacked the power to rule against the Crown or Parliament. Fortunately, in our great country, the framers of our U.S. Constitution codified the concept of judicial independence into the Constitution by granting judges life tenure and providing salary protection. Simply stated, judicial independence means that judges need not fear punishment for using their best judgment to interpret the law. This precious concept is so important because it provides for continuity and stability in our legal system, guaranteeing that disputes can be resolved fairly and impartially either by the judge or by a jury. While trial by jury is a precious right in America, an independent judge does not fear for her or his job or good reputation when ruling against excessive governmental regulation, overzealous law enforcement, or discriminatory policies. Judges who are fearful that they can be punished—or removed from office—are less likely to be fair and impartial in cases that come before them. Courts in this country, including our distinguished Florida Supreme Court, have come under attack from partisan groups. These groups manufacture outrage and rant and rave about judicial decisions. These individuals who are impatient with the rule of law or reject it outright are attempting to secure their own interests by undermining judicial independence. An independent judiciary enriches democracy. The decisions of courageous judges, on matters such as education, voting rights, housing, the ability to ride in the front of a bus, drink from the same water fountain, enjoy the freedom of expression, have contributed to the free and open society we have today. America is a far better country because of our system of checks and balances. As we celebrate judicial independence we also celebrate diversity. There are some 200 students in this audience and it is so wonderful to see the rich diversity in this competition. Diversity in the legal profession and in our courts must become a reality. Justice may be blind but we all know that diversity in the courts, as in all aspects of society, sharpens our vision and makes us a stronger nation. We as a nation must celebrate our diversity. How many of you want to become lawyers? Let me see with a show of hands. It is gratifying to see so many of you raising your hands. I am so proud to be a lawyer. Always remember that lawyers help people. Regardless of your race, color or creed, lawyers are there to represent you. The law is a noble profession. It is a privilege to practice law; however, this privilege is burdened with conditions. Some of you one day will become Florida lawyers. You will be the leaders of our profession. As a lawyer you will take an oath of admission to The Florida Bar. You will raise you right hand and solemnly swear to support the Constitution of the United States and the Constitution of the State of Florida. You will also swear to maintain the respect due to courts of justice and judicial officers. “So help me God.” As an officer of the court you will have awesome responsibilities. As a professional lawyer who embraces the creed of professionalism, you will care deeply about the law, the judicial system and the legal profession. The creed ends with these five words: “My word is my bond.” Your reputation is everything. Your good name can be lost in a split second. You can spend a lifetime trying to regain your reputation. As a lawyer, especially those of you who choose to become trial lawyers and enjoy a career in the courtroom, you will be tested in litigation. As we know there is, unfortunately, incivility in society. As trial lawyers, you must lead by example: Civility is not a sign of weakness but a badge of honor. As I complete my remarks I ask that you promise to write down your goals when you complete this competition. Place these written goals behind your high school diploma when you graduate later this year. Let us make a date 25 years from today to celebrate your accomplishments. In this distinguished group we may have a chief justice of the Florida Supreme Court, a governor, a member of Congress, a member of the Florida Legislature, a law school dean or professor, a college university president or the executive director of the Florida Law Related Education Association. You can and will make a difference in shaping the future in the 21st century. Will you be remembered as a leader who fought to have full and equal participation of women and minorities in the legal profession and throughout the corporations of this country? Will you be remembered as a leader in government and who sought to unite our people? And finally, will you be remembered as a leader who truly believed in the importance of an independent judiciary and had the courage, conviction and commitment to vigorously protect judicial independence in the 21st century? Let us join hands today, walking shoulder to shoulder, and climb that mountain together. You are the guardians of an independent judiciary. read more