While most law-abiding citizens snicker at the arrogance of Chief Justice James D. Heiple’s attempts to avoid speeding tickets, we must be aware of possible alarming side effects of the attempts to punish him. It seems that the whole uproar began with unpopular decisions regarding child custody. If not for these rulings, I doubt anyone would have noticed his traffic record.
The danger is that judges will become afraid to rule on the merits of any given case and instead simply go with whatever position will upset the fewest people. I am not sure of the legal questions involved in child custody cases, and I doubt that most columnists are either. We must trust that those most learned in the law will be appointed judges and that they will rule wisely.
We should be intimidated, however, by the prospect of judges ruling by public opinion polls. It is scary enough to see the president of the United States function in this manner, let alone the judiciary.
