Role of Appellate and State Supreme Court

The Enduring Role of Appellate and State Supreme Courts: Upholding Law and Impartiality

Appellate courts need to stand strong and uphold the law and not follow the vagaries of public opinion. This type of fortitude is not easily taught. It is inherently to be found within a good appellate jurist who has the appropriate background, experience and maturity. This is not a position that we can afford to have individuals “learn as they go.” It requires judges who are able to assess the law, to delve into the Constitution and the statutes, so as to correctly apply them to the facts and then eloquently and intelligently author opinions that establish the law but are still easily understood by the general population.

Unfortunately, the concepts of “lawfare” and a war on the courts themselves have raised their head. The judiciary—especially the appellate courts—should take all necessary steps to assuage the public that neither of these concepts can take root in our democracy.

From the start of our Nation, the judiciary stands as a co-equal branch of government. It is not a static position; it is one with inherent duties and obligations. But, like all other branches, there has to be respect from the people. The public needs to believe in its judges and to accept that—once the robe is placed on—the judge is impartial just like the blind-folded Lady Justice. Our courts of appeal should not be swayed by popular opinion or by the judges’ own views.

The public is more likely to be exposed to a circuit court judge; not many people attend oral argument in front of the State Supreme Court. They may, however, attend appellate argument where justice is rightly on display. As such, a State Supreme Court Justice must be impartial, fair, dignified, and exercise the appropriate judicial demeanor. But above all, they should always remember it is their sworn duty to uphold the Constitution and act fairly without political or personal bias.