Are we courting trouble?

Published 4:00 pm Saturday, September 23, 2006

A preeminent judicial analyst examines the state of the bench

Though it should come as no shock, Fern Smith has long respected the American legal system.

She earned a law degree from Stanford University in 1975, spent 19 years on the bench and served as director of the Federal Judicial Center, all of which deepened that respect.

But it was Smith’s experience as a judicial trainer and facilitator in countries across the globe, many of which were riddled by corruption, that had the most impact on her views about law.

“It was a fascinating and wonderful opportunity,” she said of her travels with the State Department. “I didn’t expect to see the a lack of respect for judges that I saw in some countries.”

Nor did she expect to see “startling and discouraging” political pressure placed on some judges by other branches of government.

Those experiences abroad bolstered her belief that the independence of the judiciary is the foundation of a healthy legal system.

Smith will share her views with islanders at 3 p.m. Oct. 8 at the Bainbridge library as part of a six-speaker forum.

Tickets for each forum are $15, or $50 for the whole series, which begins at 4 p.m. tomorrow with Michael Fancher, executive editor of the Seattle Times.

Fancher will discuss “Journalism Under Assault.”

Smith, who now works as a mediator, will be the second speaker of the series.

She was a judge at both the state and federal levels, most recently as a U.S. District Court judge in San Francisco, where she lives.

Smith retired from that position last year, and though she enjoys her work as a mediator, she has fond memories of her time on the bench.

“I miss being part of the judicial community,” she said. “But I feel lucky that I had the opportunity to serve for as long as I did.”

During her tenure, Smith ruled on a variety of issues, including disputes over insurance, intellectual property, labor and the environment.

In 1999, former Chief Justice William Rehnquist appointed Smith the eighth director of the Federal Judicial Center, created by Congress in 1967 to improve judicial administration.

It is the lack of such bodies in other countries, she said, that has led to legal breakdowns.

Besides being plagued by corruption, many countries she visited have legal systems that place young judges on the bench before they’re adequately prepared.

Trial judges in the U.S. typically have experience as trial lawyers before they serve on the bench. But law students in some countries must decide early on whether they want to be judges, which means many never gain experience as a lawyer.

Though they may be well-trained, there is no substitute for experience, Smith said.

Although she has gained new respect for the American legal system, Smith believes it is far from perfect.

Her Speaker Series talk will stress the importance of checks and balances, which prevent one branch of government from seizing too much power.

She is encouraged that some traditionally quiet judges are growing more vocal in response to growing dissatisfaction with the judicial system.

An informed public is also key. Smith said the media usually does a good job reporting, but often is hampered by a limited understanding of legal matters.

“Many times the public looks at a ruling and gets upset,” she said. “People see the issue in relation to their own values, but judges are looking at a legal analysis.”

Smith said it is difficult, but necessary, for judges to separate personal opinions from the law.

“It’s entirely possible for a conservative judge to rule in favor of an abortion issue even though he’s personally extremely opposed,” she said. “In those cases you have to bite the bullet and uphold the law. I don’t know a judge worth his or her salt who hasn’t been personally reluctant to rule a certain way.”