Last week, I had the opportunity to attend the retirement ceremony for Wyoming Supreme Court Chief Justice Kate Fox.
Justice Fox retired because she reached the mandatory judicial retirement age of 70 years old.
Fox, who is known for her down-to-earth no-nonsense approach has authored over 300 opinions in her 11 years on the supreme court bench.
Prior to that time, she was a skilled and tenacious litigator with the firm of Davis and Cannon.
During her time on the bench, she worked tirelessly to unify the bench, implement electronic filing for District and Circuit Courts, ensure access to justice for everyone in Wyoming including expanding resources for those folks who choose to represent themselves.
Justice Fox, like many who work in the judicial branch, expressed concern about those who are attacking the judiciary.
Her closing remarks are instructive on the strength and independence of our Judiciary.
Justice Fox commented, “Our judges are chosen and evaluated, not on the outcomes of their cases, but based on the core responsibilities of the judiciary: fairness, impartiality, professionalism, and integrity. John Adams, 1776: “we are a country of laws, and not of men.” That’s why we wear the black robe – because it’s not about us as individuals, it’s about the law.”
She continued, “Wyoming has exactly the strong and independent judiciary that our forefathers believed was essential to a healthy democracy. What this tells me is an excellent judiciary which impartially applies the law and the constitution to the facts of each case is perhaps not their objective.
Because what we have now is an excellent judiciary which impartially applies the law and the constitution to the facts of each case
I believe that the legitimacy of courts is central for maintaining the rule of law. The Constitution and laws of the United States and Wyoming are the only thing standing between us and violence.”
Speaking to the judges, she said, “Separation of powers is perhaps the most important constitutional principle, and it will be up to you to defend that.
Remember these words from the Preamble to the Code of Judicial Conduct says:
The United States legal system is based upon the principle that an independent, impartial, and competent judiciary, composed of men and women of integrity, will interpret and apply the law that governs our society.
You are those men and women. You have energy, determination, resilience, and you have faithfulness to your core mission of adhering to the constitution and laws.”
Our courts provide a framework within which people can operate with the greatest degree of certainty. You provide the just, speedy, and inexpensive resolution of people’s disputes.”
Justice Fox’s insight on the strength and status of our judiciary was communicated to the Judiciary Committee of the Wyoming legislature. She spoke to the committee about the commitment, dedication to ethics and talent of Wyoming’s judges. She told them how the judiciary, without fanfare, deals with hundreds of cases per week throughout the state.
She told them how the judicial system operates efficiently, impartially and effectively to handle disputes for folks around the state.
The committee had no rebuttal to her comments, but they authored a bill to change how judges were selected, anyway.
After Chief Justice Fox passed the gavel to Justice Lynne Boomgaarden, Justice Boomgaarden closed the ceremony adding: “Given the clamor of today’s political discourse, I’m afraid people might forget that our courts are open to, and here to serve, all the people in Wyoming.”
Highlighting the ethical rules all Wyoming judges and justices must follow, she hoped that Wyoming citizens would be comforted by the fact that judges and justices cannot allow “family, social, political, financial, or other interests or relationships to influence” their conduct or judgment.
She also added, if judges and justices allowed public clamor or fear of criticism to sway their decisions, they would violate the very oath each takes to “support, obey and defend the constitution of the United States and the constitution of the State of Wyoming.”
Our judicial branch should be immune to the political whims of the times. When interest groups seek to dismantle the judicial branch to solidify their power, we should all be suspicious of those politicians' motives.
Wyoming is lucky to have been served by a Supreme Court Justice of Kate Fox’s talent, discernment and insight.
Tom Lubnau served in the Wyoming Legislature from 2004 - 2015 and is a former Speaker of the House. He can be reached at: YourInputAppreciated@gmail.com
