What a tangled web we weave when first we conspire, no, not to deceive but to weave the legislative, executive and judicial branches of government into one impenetrable ball of wax.
There's enough blame here to go around several times over. And now we have the spectacle of legislators who subpoenaed a circuit judge to testify before their committee while the judge herself adds to the confusion by talking out of court. Which violates an old and prudent piece of advice in such matters: Never explain, never complain. That's a sage piece of advice attributed to Benjamin Disraeli, who served queen and country with distinction in his better-ordered time. Now even to mention his name elevates this free-for-all without quelling it.
The judge in this overheated case is The Hon. Patricia James of Pulaski County's juvenile court, who's been caught defending her reported refusal to give relatives priority when it comes to placing children who are in state custody. She's been outspoken about her insistence that these children's families be thoroughly vetted first in order to weed out the rotten apples.
The only thing clear at last report was that somehow some way will be found to weaken the state's once model Freedom of Information Act yet again. To quote one legislator with a legitimate point to make this time--state Senator Linda Chesterfield of Little Rock--"I am concerned about the separation of powers. What we are doing is questioning the judicial authority to make decisions."
But a state rep from Hot Springs, Mickey Gates, says he and his fellow legislators just want to ask judges a few questions, which has an ominous sound to it. ("Would you please just step out of line at Customs and answer a few questions before boarding the aircraft? We're asking nicely--at first.")
A state senator from Lonsdale, Alan Clark, has added his voice to this dubious chorus. "The power of this committee is to investigate," he tries to explain. "We don't set policy, we don't interfere. But it is highly unusual that anyone does not answer an invitation to a legislative committee and especially that staff does not return phone calls."
It shouldn't be unusual at all if a decent separation of powers in government is to be maintained. There are times when silence is golden, and this is one of them. What next, will judges begin to hold extended debates over the wisdom of their decisions? Which has been known to happen not just here in Arkansas but across the country.
The legislators in much question seem bent on hearing from Judge James come October, and after that, anybody knows but everybody can guess. For one violation of the separation of powers has a way of leading to another and another. The way a house of cards will collapse if just one is misplaced.
The delicate balance the Founders set up between all three branches of government is easy enough to violate. It's constructing and maintaining such a piece of clockwork genius that has been the challenge. Destroying it requires no skill at all, just bull-headed determination in a moment of passion.
Judges have a right and even a duty to remain silent in the ever brawling court of public opinion. Discretion can be all in such matters. It's called displaying a judicial temperament.
Unfortunately, moderation has been hard to come by of late, as it always is. But that doesn't mean the rest of us need fail to understand and respect it. To restrain others is simple enough, but self-restraint remains the great requirement of an educated and enlightened people. One fit to govern itself. Yet too few of us seem to appreciate that fine line.
Couldn't we all just settle down and let the dust settle before we get back to pointing the finger at each other? Yet calm may be the last thing a long-suffering public will see when our leaders are going after each other hammer, tongs and law books.
Editorial on 09/03/2016