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The model judge Wednesday, Nov 2, 2005 By David Sanders For me, the judiciary is the least familiar branch of government. The third branch of government, with some exceptions, functions outside the spotlight's glare. Most of the time, the black-robed judges across the country quietly and meticulously apply the law of the land, case by case. Monday, I sat down with U.S. District Judge Leon Holmes and was granted a rare opportunity to visit with a sitting judge about his role in the government. Holmes' numerous friends in the state's legal community, along with Arkansas' two Democratic senators, worked hard to ensure that he would occupy the third floor chambers in Little Rock's federal courthouse, where he now spends his time. We talked about how he approaches his position, the adjustments he has made while going from the bar to the bench and some of the short-term challenges that have come with this lifetime appointment. "I think of a district judge as a humble position," Holmes said after more than a year on the job. He expanded on his characterization, saying that direction comes from decisions reached by the 8th U.S. Circuit Court of Appeals and the U.S. Supreme Court. That leaves little room for one to inject oneself, he said. "Ultimately, what we are trying to do, if it is a matter of statutory interpretation, is (determine) 'what does Congress want?'" Holmes will read the federal statutes and try to follow what they say. In the instances where Congress' intent is clear, he said, "that is where I quit." When it is unclear, Holmes said, he seeks Congress' intention. "I do not look on it as my job to make the policy in the event that the statute is not what I want it to be or in the event that it is ambiguous," he said. For Holmes, the transition to the bench has been an adjustment. As a practicing attorney, he spent much of his time in the courtroom; this was familiar territory. In the same self-effacing manner he used to describe his position, he said the court's administrative side has "not come naturally" to him and continues to provide him with challenges and the opportunity to learn and improve. It hasn't slowed him down. Not long after being sworn-in, Holmes was nominated by his colleague, Judge Susan Webber Wright, to serve on the 8th Circuit's Judicial Council. This past July, Holmes was elevated to the position of chief judge after Wright served her seven-year term. He quickly points out that this new role, which oversees the day-to-day administration of the court, was forced onto him by nature of a statutory requirement that dictated the position fall to the next most senior judge who is not yet 65. Holmes fit the bill. "People say, 'Congratulations, you're chief judge' and I say, 'Well, it's not a beauty contest or a merit selection and you don't get any more money for it,'" he joked. "I'm still the baby judge and the chief judge." As a litigator, Holmes would find whatever truth existed in the law and would advocate a position for his clients. As a judge in a jury trial, Holmes said he is motivated to ensure that both sides have a "fair trial" and "an opportunity to present their case." Holmes also sits in judgment. "In a bench trial, it's my job to find the facts and decide who wins - it's harder sometimes," he said. There are always winners and losers, but for Holmes he hopes the he conducts himself in such a manner that the losing side knows that he has "conscientiously considered" their case and that he has "worked hard, tried to be fair and paid attention to what they've said." "I think (Chief Justice) John Roberts had it right," he said. "Most of what we do is calling the balls and strikes. You're not paying attention to who is up to bat or pitching." This modest and unassuming man is strengthened by quiet confidence. If there ever was a person made to be a judge, Leon Holmes is that person. ------- David Sanders writes twice weekly for the Arkansas News Bureau in Little Rock. His e-mail address is DavidJSanders@aol.com. |
