Editorial by Judge Jordan Yeager

When we hear lofty terms like 'judicial independence," "separation of powers," "judicial review," and "the rule of law" it's not always clear how they impact our day-to-day lives. People talking about these concepts are usually referring to stuff going on in Washington, involving the President, Congress, and the Supreme Court. But the reality is that these foundational principles of our democratic republic also operate locally and play out everyday in our local courts in ways that directly impact our everyday lives.

When we talk about these terms what do we mean? In short:

• "judicial independence" means having judges who decide cases fairly, based on established rules of law, not based on fear, not doing anyone any favors, regardless of what any other government officials or other powerful interests might want;

• "separation of powers" means that our government's executive, legislative, and judicial branches operate independently of each other, each serving as a check on the other (a form of "rock, paper, scissors");

• "judicial review" is how an independent judiciary serves as a check on what the legislative and executive branches of government have done to make sure that they haven't violated the law, particularly the Constitution;

• "rule of law" means that no one is above the law, decisions are based on the rules, not just on whatever might be popular -- or whoever might be powerful -- in the moment.

Each of these principles matter, in part, because we recognize the overlap between doing what's right and doing what's in our own self-interest. Following the Golden Rule (treating others as you would like to be treated) isn't just the right thing to do, it's also the smart thing to do. If you don't follow the rules when you're in power, don't expect others to follow the rules when they're in power. What goes around comes around.

Control of local, state, and national political bodies regularly flips from one party to another, or from one faction to another. Our judiciary provides stability by ensuring that disputes are resolved according to established legal standards, upholding the Constitution faithfully, regardless of which party or faction won the most recent election. Over time, this benefits us all.

What does judicial independence, separation of powers, judicial review and the rule of law look like at the local level? It means that if your local government enacts an ordinance that violates your constitutional rights (like depriving you of the reasonable use of your property or prohibiting you from possessing a firearm in your home), you can challenge the ordinance in court. Questioning election processes  at your local board of elections? A judge can ensure that voting rules are followed. Concerned that your local school board may have overstepped? A judge can put a stop to it. Judicial independence means that law enforcement authorities can't just lock you up, or go into your home, or search through your phone on a whim.

It’s not just hot button issues. Our state courts hear scores of different kinds of cases in which the local government is a party. These involve everything from traffic tickets to property tax assessment appeals, from personal injury litigation to land use permit challenges, from disputes over requests for public records to heart-wrenching child welfare matters, and from contract claims to employment cases.

Under our system, the government appears in court with no greater weight than any other litigant; each side gets a fair opportunity to be heard; sometimes the government wins and sometimes the government loses. Whoever loses can appeal, so that if the lower court interpreted or applied the law incorrectly, a higher court can correct the error.

If we allow judicial independence to be undermined, it would mean that the government would win in every case no matter what. It would eliminate the balance of power, with judges simply allowing politicians and bureaucrats to do whatever they want. We’d be saying goodbye to fundamental freedoms, fairness, stability, and security.

Judicial independence means that your mayor, local executive, council, commissioners, supervisors, school directors, prosecutors, and their unelected underlings don't get to act like kings. An independent judiciary provides a check against abuses of authority, ensuring that the laws are followed, the Constitution is honored, and the rights of the least powerful are respected.

We rightly expect our judges to interpret the law without fear or favor, doing what's right even if it's unpopular, holding the most powerful to the same set of rules that apply to everyone else. Without that we would lose one of the pillars of our constitutional order. We would undermine our centuries-long stability, the foundation of our freedoms. Without an independent judiciary we would descend from the rule of law to mob rule.

So, the next time you hear about someone suggesting that judges should just fall in line with whoever happens to be in power at the moment, recognize it for what it is: a threat to our way of life. If whoever is in charge today can get away with whatever they want, there'll be nothing stopping the next person who's in charge from abusing their power. If we don't want unchecked centralized power that can trample our fundamental freedoms, if we don't want a subservient judiciary that always just goes along with the current batch of politicians and bureaucrats, then we must stand up for an independent judiciary, separation of powers, judicial review, and the rule of law.