Judges discuss their high-profile,
controversial cases
Judge Rosemary Barkett of Miami, Judge John E. Jones III of Williamsport, Pa., Judge James D. Whittemore of Tampa, Fla., and Judge Myron Thompson of Montgomery, Ala., were on hand at a Judicial Division–sponsored continuing legal education program to discuss high-profile and controversial cases they have decided. Manny Medrano, a Washington, D.C.–based ABC legal affairs correspondent, served as moderator.
 In "Eye of the Storm: Deciding Controversial Cases," Thompson discussed his work on the Alabama Ten Commandments case, in which he had to figure out how to remove the 2.5-ton display of the Ten Commandments from a state building "without lifting a federal finger." Barkett discussed a series of issues on which she had to rule, and Whittemore outlined his activities relative to the Terry Schiavo case. Jones ruled in the Pennsylvania intelligent design case.
During a sometimes lighthearted discussion, Jones recounted how—upon hearing of the intelligent design case —he had mused as to the meaning of intelligent design and who was going to get the case, prior to his being assigned to it. Thompson, in a quiet voice, told of his fear for his children and then, in a lighter tone, talked about the support from his friends and other judges.
Also highlighted during the panel discussion was the role of reporters in informing the public and how the threat to the judiciary was not only to individual judges in specific cases but also to the institution as a whole. Barkett stated that sometimes judges are attacked because of cases, other times they are simply used as political pawns in an attack to the independence of the judiciary. Thompson said that he didn't want to curtail the right of people to criticize judges but, as Barkett said, it's not right to mischaracterize a judge or his or her rulings and then criticize based on that mischaracterization.
In addition, the panel discussed the role of judges in speaking up for themselves and the profession. Jones said that we as a society don't do a good enough job in civics education. Debate ensued as to the political pressures felt in deciding a case contrary to the wishes of the party by which the judge was appointed.
How do you deal with potential threats? Whittemore simply stated, "First, you do your job." You take reasonable protections. But there are lonely times, Whittemore said, and during those times it helps to have lawyers who appreciate the process and the gravity of the decision you make.
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