WITH JUSTICE FOR ALL

There is no question but that money plays a significant role in our justice system. Differences in the amount of funds available to the parties in a judicial proceeding -- for the hiring of more and more qualified attorneys, for research and the discovery of evidence, and for the ability to survive an extended lawsuit -- can and has tilted the scales of justice one way or another. Examples are legendary, whether it be wealthy celebrities defending against criminal charges, or low and middle income individuals against major corporations in civil matters.

There is an argument to be made that in a society built on the freedom of each of its members to accumulate as much wealth as he or she can, differences in affordable goods and services are an inherent "part of the system." Some would say a valuable part, since it promotes incentives for greater production and a potentially higher standard of living for all.

Nevertheless, a well functioning judicial system is critical to a healthy society, and we ought take all steps to maximize the likelihood that our judicial system will produce just results. Here are three suggestions:

1. Judges should take a more active role in the trial...questioning witnesses, raising objections, helping the jury in its work and lessening to the extent possible the adversarial aspect of a trial. In fact, perhaps we should stop referring to a case as "Jones versus Smith" and refer to it instead as "Jones and Smith"--two parties presenting their version of the facts and understanding of the law for the purpose of achieving justice. Contrary to what Robert Frost may have said, a jury does not consist of twelve persons chosen to decide who has the better lawyer. They are chosen to shine a light on truth.

2. Juries should be encouraged to more actively participate in the trial by asking questions of witnesses as the trial unfolds for the purpose of clearing up any confusions, uncertainties and curiousity they have about witness testimony and the facts in the case. Juries ought be free to go down paths of inquiry that the attorneys have avoided, if in the judgment of the court it is deemed propitious to do so.

3. More courtrooms ought be built, more judges and court personnel hired, and the most advanced technologies employed, to lessen the time it takes to get to trial and to enhance the quality of justice in our society.

A perfect system of justice may never be obtained, but a better one can be.