Judicial independence under threat. It is essential to the republic

Jordan B. Yeager is a Judge on the Court of Common Pleas of Bucks County and a member of the Pennsylvania Commission on Judicial Independence. The views expressed are his own.

When we hear lofty words like ‘judicial independence,” “separation of powers,” “judicial review,” and “the rule of law,” it’s usually referring to stuff going on in Washington, D.C., and it’s not always clear how such concepts impact our day-to-day lives. But the reality is that these principles play out daily in our local courts in ways that impact us directly.

First, what do these terms mean?

• “Judicial independence” means having judges deciding cases fairly, based on established rules of law, not based on fear, not doing anyone any favors and not simply bowing to whatever government officials or other powerful interests want.

• “Separation of powers” means that our government’s executive, legislative and judicial branches operate independently, each serving as a check on the others.

• “Judicial review” is how an independent judiciary serves as a check on the legislative and executive branches, to ensure that they haven’t violated the law, particularly the Constitution.

• “Rule of law” means that no one is above the law and decisions are based on established rules, not on what’s currently popular or who’s currently in power.

These principles matter, in part, because there’s an overlap between doing what’s right and doing what’s in our self-interest. Following the Golden Rule 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.

Control of local, state and national political bodies regularly flips from one party or 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.

What do these central principles look like at the local level? It means that the police can’t just lock you up or search through your phone on a whim. Think that your local government enacted an ordinance that violates your constitutional rights (like depriving you of reasonable use of your property)? You can challenge the ordinance in court. Questioning procedures at your local board of elections? A judge can ensure that voting rules are followed. Concerned that your school board may have overstepped? A judge can order a hearing and put a stop to any impropriety.

Judicial independence matters beyond hot-button issues. Our state courts hear a wide range of cases involving local governments. These include everything from traffic tickets to property tax assessments, from personal injury litigation to land use permit appeals, from disputes over requests for public records to heart-wrenching child welfare matters, and from contract claims to employment cases. The government appears in court with no greater weight than any other litigant. Each side gets a fair opportunity to be heard. An independent judge applies the rules of law. As a result, the government sometimes wins and sometimes loses. Whoever loses can appeal, so that if the lower court got it wrong, a higher court can correct the error.

Judicial independence means that your township, borough, city, county, school district, and law enforcement officials don’t get to act like kings. They don’t get to do whatever they want and win every court case. The most powerful are held to the same set of rules as everyone else, and the rights of the least powerful are respected. An independent judiciary provides a check against abuses of authority.

We rightly expect our judges to interpret the law without fear or favor, doing what’s right even if it’s unpopular. Without an independent judiciary we would lose a stabilizing pillar of our constitutional order. We would descend from the rule of law to mob rule.

So, the next time you hear 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, that is a huge problem now and for the future. Nothing will stop the next person who’s in charge from abusing their power too. 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, and we must stand up for separation of powers, judicial review, and the rule of law.