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September 9, 2005 Parashat Shoftim: Justice, Justice Shall You Pursue They shall govern the people with due justice. You shall not judge unfairly; you shall show no partiality; you shall not take bribes, for bribes blind the eyes of the discerning and upset the plea of the just. Justice justice shall you pursue... Deuteronomy 16:18-20 This week, in Parashat Shoftim, we read about the judicial system that the Israelites are to establish upon entering the Land of Israel. The Torah relates in some detail how the judicial system would function as well as the moral qualifications for those who will become judges. They are to carry out justice fairly by being impartial (lo takir panim), by not taking bribes (lo tikach shochad) and by pursuing justice. Yet, what specific qualities would potential judges model to fill their roles successfully? In the Book of Exodus, Yitro, Moses' father-in-law, advises Moses to appoint "capable men who fear God" and "trustworthy men who spurn ill-gotten gains" (18:21). Yitro suggests that Moses apply unambiguous tests of character to everyone he would deem worthy of serving as judges. Those chosen should be capable, with prior experience to guide them. Furthermore, they should be trustworthy, with the ability to separate personal preferences from the objective data presented before them. In Mishneh Torah Hilchot Sanhedrin, the Rambam stresses this dual qualification of character and knowledge. He explains that judges should have a grasp of Torah and also possess vast amounts of information in diverse fields such as medicine, accounting, history, astrology and the ways of magicians and idolaters. In addition, the Rambam says that, even if judges aren't the most skilled, they must be wise, modest, hate money, love truth and human life and have a good name. We learn from Yitro and the Rambam that the persons becoming judges should be capable of "governing with due justice," "not judging unfairly," "showing no partiality" and "pursuing justice." Our parashah defines how a judge should carry out the job, while Yitro and the Rambam describe the type of person who should fill the seat. A midrash from Exodus Rabbah states, "When a judge issues a verdict in keeping with the facts, The Holy One Blessed be God...leaves the heaven of heavens and causes God's Presence to be at the judge's side....But when God sees the judge showing partiality, God...removes the Divine Presence and goes back to heaven" (30:24). According to this midrash, God's approval lies only with those judges who pursue justice by ruling without prejudice, based on information the judges will hear in the courts of law. In order for God to be present, judges may not allow their personal beliefs to influence their ultimate decisions. Their divine and moral mandate to "pursue justice" requires objectivity. These core Jewish values can also be instructive as the U.S. Senate holds its confirmation hearings regarding Judge John Roberts' nomination as Chief Justice. The Reform Movement has urged the Senate to hold comprehensive hearings on Roberts' record, confirming that Judge Roberts is the person most qualified and able to live up to the high standards set by our country and our constitution. Rabbi David Saperstein, director of the Religious Action Center of Reform Judaism (the RAC), urged that as American Reform Jews, our "unique voice be heard in the debate over the future of our judiciary." At this time, as our government looks to fill vacancies to the highest court of our land, we turn to standards as set by our tradition. Like Yitro, the Reform Jewish community has voiced its opinions regarding the appointment of judges who can best serve and protect all of the people's rights under the law. In July, the RAC launched its program AskJudgeRoberts in order to solicit questions from individuals that Roberts may respond to, in front of the Senate Judiciary Committee. As Rabbi Saperstein stated, this is "an opportunity for the American people to give our 'advise' before the Senate is asked for its 'consent.' The Supreme Court vacancy must be filled by someone who embodies the qualities of fairness, impartiality, who is "capable" and "has love for truth." Ways to get involved: 1. Educate yourself by going to the RAC web site to learn more about the general processes of judicial nominations and confirmations and specific stances adopted by the Union for Reform Judaism on Roberts and other judicial nominees.
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