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(Topeka, Kansas)
Decrying continued attacks on courts nationwide, the leader of
the Kansas judiciary said Friday the rhetoric could undermine
public confidence in the legal system and some of the talk
comes from "people who ought to know better."
Supreme Court Chief Justice Kay
McFarland said people accuse judges and appellate courts
throughout the nation of being "activists" when they
don't like rulings in high-profile cases.
She cited a 2003 ruling by
Massachusetts' highest court, striking down a state ban on gay
marriage, and court decisions that allowed doctors in Florida
to remove a feeding tube from Terry Schiavo earlier this year.
But McFarland said courts
aren't supposed to take polls or consult public opinions in
ruling on the law, and other justices said their duty is to
uphold the rule of law, not do what's popular.
"Judges should not put
their fingers up and see which way the wind is blowing,"
McFarland said. "That's at the heart of judicial
independence."
McFarland said courts have
always faced some criticism but, "You're getting some
wild statements from national leaders, and that's something we
haven't had."
"Unfortunately, we're in a
time where people who are in some very responsible positions
and who shouldn't be in the category of extremists are stating
extreme views," McFarland said. "We've got some
people who ought to know better making irresponsible
statements."
McFarland spoke during a
workshop for reporters, editors and judges sponsored by the
National Center for Courts and Media. She and the other six
justices participated in a question-and-answer session.
She and other justices wouldn't
comment on pending cases or on legislative proposals to rein
in the judiciary that followed Kansas Supreme Court rulings
earlier this year forcing lawmakers to increase spending on
public schools.
Some legislators believed the
court overstepped its authority because it told the
Legislature specifically how much to spend to meet its
constitutional mandate on school funding.
"We don't live in a
vacuum. We all have our personal opinions," said Justice
Eric Rosen. "But our duty and obligation is to the
law."
McFarland said people were
upset with the Massachusetts decision because it overturned
existing law. But people were upset in the Schiavo case
because the courts wouldn't write new law to save her life as
she lay in a vegetative state, McFarland said.
"Courts have to have the
respect of the vast majority of the public, that if they have
a problem, they'll get a fair deal," McFarland said.
Justices Carol Beier and Marla
Luckert worried that many Americans aren't well-educated about
the courts and how they work. Luckert noted that Kansas judges
are encouraged to speak to community groups and high school
students.
"The educational process
has to be intensified," Luckert said.
©365Gay.com 2005
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