Judge Gene Calvert, County Court at Law No. 2, Ellis County

Judge Calvert is concerned about where today’s actions are taking us.  Every session of the legislatures produces thousands of new laws which have to be interpreted, prosecuted and judged.  He mentioned one particular law that seemed to be very important – but vague.  A group of judges met and could not decipher what it meant.  Another group including some of the supporters of the bill also could not decide how it was to be administered.  Unfortunately this is not rare.

 

We are living in a rapidly changing culture which further complicates issues.  When a couple has kids they are theirs. If a same-sex couple with children decides to divorce, who is the father?  If it is two women and an egg from one is fertilized en vitro by a genetically modified donor and implanted in the other woman, who is the father? After all of this does it even matter who the father is?  And how is the judge to determine what is important for the child in the divorce?

 

Another problem occurs when state or federal Supreme Court departs from legal precedent. Judges cannot anticipate these changes but must follow them in future decisions.  Same-sex marriage is a recent example.  Judges have always been told this not permitted but now it is the rule. The judges now have to change long-held procedures.

 

Since President Johnson’s “Great Society” a large number of people have grown up with an entitlement attitude; they are not working and are dependent on the governments.  Governments are expected to provide a great number of services and funds because they are “entitled” to it. Their attitudes about private property and personal responsibility are modified by their experience. This affects how they deal with others and make decisions.  Some of these actions and decisions may lead to court cases which have to be tried in front of the judges who may not have the “entitlement” experience.

 

When two driverless cars are involved in a wreck involving personal injury and property damage, who is at fault?  The manufacturer?  If the car is driverless does the person in it even need a driver’s license?  Does he need insurance?  If the people in the cars are not in control whose fault is it?  Who is going to tell the judge what to do?

 

Although some of these examples may seem far-fetched you can imagine each of them happening and coming to trial.  Imagine you are the judge sitting at the bench in your robe, gavel in hand peering over your glasses at two sincere opponents.  You may know the law is vague; there may not be a clear precedent but you must proceed anyway. 

 

We will live in the future by the laws our elected representatives pass and the precedents the Supreme Courts decide.  Lately same-sex marriages and ever-increasing entitlements have been major issues.  In the past they were not even thought about.  What will tomorrow’s judges have to struggle with?

 

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