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It finally happened. Every legal mentor I have ever encountered has told me that the day would come when I would face it directly. However, no matter the countless warnings, I stood there in shock when it happened. The politicalization of our judiciary slapped me hard and it was an experience I will never forget, because frankly, I can not afford to forget it.

In elementary school, we are taught that our "forefathers" decided that an appointment on the Supreme Court should be for life. This was to avoid the political promises that are found in most elected political offices. [Ok so it didn’t actually work, example: Justice Scalia and Justice Thomas] It makes sense, Judges are suppose to interpret laws to ensure that justice is provided for all. The judiciary is suppose to ensure fairness for one person even if it enrages the masses. The Courts exist to stop the gang mentality of the society and put an end to the witch hunt. When the town folk are ready to tar and feather someone, the court is suppose to say, "hey, let this person’s side of the story be heard by someone neutral." And then be that someone neutral.

However, the direct paradox is created via the election of Judges in the State and Local judiciary. Anyone running for office often has two concerns, getting elected and getting re-elected. One does not have to be a rocket scientist to realize that in order to stay in office you have to appeal to the voters and the voters are within the community in which one represents. So what happens when a Judge allows his or her focus to slide off the goal, which is to provide justice to all, by yielding to the goals of the masses that may not be in accordance with the law?

So back to moment I got slapped about. I was standing there on a caffeine high [as I had not slept the night before hearing, constantly arguing and re-arguing the case in my head]. Suddenly the Judge does the oddest thing, she refuses to move forward on the matter and instantly I realized it was because she hated my client. I am the first to admit that my client’s conduct does not endear him to much of anyone, but no matter what, he deserved a hearing. It is his legal right as an American citizen and as a citizen of the State of Georgia. This Judge denied my client his right to a fair hearing in a Court of law without any valid legal reasoning. The Judge refused to hear the case because she did not have the fortitude to rule, even against him. She took the easy way out. She side-stepped it.

After the hearing, the client and I walked out of the court room and back to the office in silence. I was furious and he was heartbroken. When I walked into the office, crestfallen, the entire staff just stared at me. [They are quite used to my victory dance when I return from court.] Right there, in the middle of our office, I started to cry. The more I tried to stop myself, the more the tears flowed. I just kept repeating over and over again as my excellent co-workers rallied around me [The Manely Firm has the best team], "It’s not fair." I simply could not wrap my head around the idea that the Judge’s sense of self preservation meant more to her than my client’s right to be heard. That day changed my views of the judiciary and I feel like a kid that discovered there is no Santa.

Now, I am changed woman. Now, I am a more seasoned woman.

Nicole Amanda Elder

www.allfamilylaw.com