Law Day 2008: The Rule Of Law

In recognition of the 50th anniversary of Law Day, which was established by President Dwight D. Eisenhower in 1958 to celebrate and honor our American system of justice, this year's theme is: "The Rule of Law: Foundation for Communities of Opportunity and Equity."
President Theodore Roosevelt succinctly defined the "rule of law" when he said, "Ours is a government of liberty by, through, and under the law. No man is above it and no man is below it."
However, because the "rule of law" is so much apart of the fabric ofAmerica, we often take it for granted and forget that it is still an ideal to millions worldwide who are subject to the abuse of power, violence, prejudice, discrimination and corruption that flows from the capricious and arbitrary "rule of dictators, tyrants and bullies."
The framers of our Constitution, having just risked their lives and fortunes to break free from an all-powerful king, clearly valued the rule of law and wisely established a structure of government where the "rule of law, not man, was king." Additionally, because our founders knew that "absolute power corrupts absolutely," they divided the power of government into three separate co-equal branches, each which serves to check and balance the power of the other with the legislative branch writing the laws, the executive branch executing the laws and the judicial branch interpreting the laws.
Having previously served as a prosecutor, defense attorney, bar counsel, county judge and now as a circuit judge here in the Fifth Judicial Circuit, I deeply appreciate the value of a fair, impartial, independent and co-equal judicial branch that is free to interpret the law as written, free to issue unbiased decisions, and free from personal, political or economic pressures.
I believe that Law Day and Law Week are an excellent time to review how the rule of law and our system of justice impact nearly every aspect of our community and our society. For example, last year Florida courts handled more than a million criminal cases, safeguarding victims' rights, determining the guilt or innocence of the accused and imposing appropriate sanctions on criminals.
Our civil courts provided more than two million litigants with peaceful resolutions to personal, business and property disputes, and protected thousands of families and children. And this was all accomplished with less than 1 penny of ever dollar in the state budget going to pay for our court system. Additionally, Florida trial courts decided more than 3.5 million cases last year with fewer judges, on a per capita basis, than many other larger states and with significantly less judges per 100,000 population than the national average.
However, despite its proven efficiency and its constitutionally mandated responsibilities, our court system is currently facing potentially crippling budget cuts that threaten not only the judiciary's independence, but access to our courts by citizens when their freedom or other rights are at risk. While it is clearly necessary for all levels of our government to tighten belts during the current economic downturn, it is anticipated that the Legislature will recognize that the judiciary is a constitutionally mandated, co-equal branch of government and not just another state agency.
Although the total impact of the Legislature's budget cuts is uncertain at this time and without resorting to "The sky is falling!" rhetoric, we all must be sure our legislators understand that if the courts are not adequately funded, it will have immediate adverse effects on all of us as complex civil litigation and contentious divorce and probate proceedings are pushed to the back of the line behind criminal cases; as drug courts and programs that help children and resolve family disputes are eliminated; and as career criminals and drug offenders are released because of speedy trial issues or are released prematurely due to jail overcrowding. And if the economy continues to worsen, court filings will become even more voluminous with increased foreclosures, collections, evictions and other financially related legal actions.
Although our courtrooms are normally open to the public, Law Week - May 5-9 - is a great time to stop by and observe your courts in session. Additionally, the lawyer and judicial members of the Hernando Bar Association presented mock trials for school children.
As we celebrate the rule of law and our blessings of liberty during Law Day and Law Week, let us remember that freedom is not free and that many have paid the ultimate sacrifice so that we can enjoy access to justice that is fair, effective, responsive and accountable.