Political elections are important, but the truth is, they are not as important as judicial elections. Why? Enacting laws is a group effort. It requires the agreement of dozens. The participants are by no means focused on being fair or impartial.
Judges, on the other hand, decide what the law means. More importantly, their decisions impact the lives of individuals in a personal and permanent way. The job requires knowledge of the law and the wisdom of Solomon in judging each specific case. Each judge is supposed to make up his own mind without being concerned that another judge may disagree with him.
If you have any respect for the rule of law and the independence of the judiciary, you will pay special and close attention to the candidates for this important position. If you don’t care, someday you may find yourself in a place like Guantanamo Bay and wish there was a judge you could rely on to protect you.
Chris McFadden has thrown his hat in the ring seeking the position of Judge on the Georgia Court of Appeals. Chris specializes in appellate law, which means he helps lawyers like me when a case is appealed from a lower court to either the Court of Appeals or the Supreme Court. It is his job, not to just know the law, but to know how to argue issues, convincingly and successfully. In addition to studying cases, he studies the judges that write them. He tries to understand what issues and approaches work with which judges so he can craft the most persuasive argument and present it in the most effective way.
Chris is a co-author of a book on appellate practice in Georgia. He has also worked with the Georgia Innocence Project which works to free men who have been convcted of crimes they did not commit. He has also been active in the Atlanta Bar Association and the Georgia Bar Association.
I always get nervous interviewing judicial candidates because it is quite possible I will find myself in the candidate’s court if elected. I took a real chance in 2006 when I interviewed Mike Wiggins who was running for the Supreme Court of Georgia. Now, that was an interview! However, if you listen to my interview with Chris and then listen to the one with Wiggins, you will understand, and hopefully, appreciate how important it is to elect judges without agendas, particularly hidden agendas.
Judge’s aren’t perfect. We all gripe when we lose a case, whether you are the lawyer or the client. Neither is the law perfect. But, these are not reasons which justify apathy. If anything, they require vigilance. Vigilance in electing judges who are fair and impartial. Every judge, like every person, has beliefs, biases and prejudices, but a judge knows, or should know, how to put aside his personal preferences and focus on the law. It is hard, but that is exactly what judges learn to do.
All the more reason to listen to this interview (and those to follow) to make sure you consider and vote for the person whom you believe would make the best judge.
Chris McFadden, Candidate, Georgia Court of Appeals [28:35m]:
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