The Bottom of the Ballot – Those Pesky Judges

September 14, 2021 Scott Jones

By Scott Jones

You are only free as long as you can go into a court and get equity.

(Judge Gus Jones)

Judge Gus Jones was the circuit judge in Eldorado, AR, for many years. He was also my grandfather and my father frequently reminded me of this aphorism of his. Now by equity, he did not mean the contemporary idea that if you have something I don’t, then you are oppressing me and equity demands I get it.

Equity in the traditional sense means: Justice, what is right.

As Noah Webster reminds us:

In practice, equity is the impartial distribution of justice, or the doing that to another which the laws of God and man, and of reason, give him right to claim. It is the treating of a person according to justice and reason. (Webster 1828)

Justice and equity are attributes of God. In His Word, He repeatedly demonstrates that justice and equity are important to righteousness.

· He will judge the world with righteousness and the peoples with equity. (Psalm 98:9)

· The Lord is exalted, for He dwells on high; He has filled Zion with justice and righteousness. (Isaiah 33:5)

· because He has fixed a day in which He will judge the world in righteousness through a Man whom He has appointed, having furnished proof to all men by raising Him from the dead. (Acts 17:31)

Accordingly, God expects that those that He has ordained to administer justice and to pronounce judgements reflect His justice and righteousness.

· The strength of the King loves justice; You have established equity; You have executed justice and righteousness in Jacob. (Psalm 99:4)

· To receive instruction in wise behavior, Righteousness, justice and equity; (Proverbs 1:3)

· The exercise of justice is joy for the righteous, but is terror to the workers of iniquity. (Proverbs 21:15)

So, if God thinks it is important to select people who will execute judgement with justice, equity, and righteousness, then this should be important to the people of God also.

Although all authority is from God (Romans 13:1), the United States, is a constitutional republic, and the sovereign God has delegated a portion of His sovereignty to the citizens so that they may select their leaders through elections.

In a previous blog, A Biblical Perspective on Voting, I wrote about the Christian’s responsibility to engage in voting in order to select righteous leaders who will reward good and punish evil. In a state like Texas, where judges are elected and not appointed, this responsibility extends to all levels of the judiciary from the Texas Supreme Court to those family judges and justices of the peace at the very bottom of the ballot. Clearly, if Christians fail to vote to the bottom of the ballot and also fail to properly vet their candidates, they risk being judged by unrighteous men and women.

It may seem that local judges do not affect our lives. The situation changes on the day it becomes necessary to enter a court of law to get equity – criminal or civil. At that time, you will desperately hope for a righteous judge, who is skilled in the law and who can dispense justice fairly.

You can prepare for that day by due diligence – selecting competent judges of high integrity to sit on the bench.

A family judge once told me that the family judge (you know, the one on the bottom of the ballot) is the most powerful judge in the judicial system. The family judge is the only judge that can put you in jail, take your property, and break up your family. If these judges have that much power, it is essential you spend some time evaluating and selecting these judges, so you can faithfully execute the responsibility God has given to you as a citizen.

Paul admonished the Corinthians: So if you have law courts dealing with matters of this life, do you appoint them as judges who are of no account in the church? (1 Corinthians 6:4) While the context of this admonition is quarreling and factions between members of the Corinthian church, Paul is applying the principle that believers should not appoint the unrighteous to judge believers. It seems logical to conclude that believers should not select the unrighteous and unjust to preside in courts, even in the “matters of this life.”

The challenge is how to select candidates that are competent, faithful, and that demonstrate integrity, that is, people who are likely to be righteous and impartial judges, rewarding good and punishing evil. Fortunately, this is much easier today because of electronic communication.

In my grandfather’s day, he communicated with the citizens through articles in the newspaper, speaking at local societies, and by direct personal interaction. Today, there are additional means.

First of all, it is a good idea to check candidates’ web sites for information. These can usually yield a great deal of information.

o Evaluate the candidate’s competence in law:

§ Where did the candidate attend law school?

§ Where did the candidate practice law?

§ Does the candidate have substantial experience in law relevant to the position sought? For example, if seeking a criminal court position, does the candidate have experience as a prosecutor or defense attorney?

o Evaluate the candidate’s personal life:

§ Church membership.

§ Membership in civic organizations.

§ Does the judge have a family? (Important particularly for family courts.)

o Evaluate the candidate’s public position on key issues.

§ Compare these positions to the principles and values of a Biblical worldview.

§ Is the candidate a member of a political party? How does that party’s platform line up with a Biblical worldview?

o Evaluate the candidate’s endorsements listed on his or her web site.

§ Do you know any of the individuals who endorsed the candidate?

§ What are the positions of endorsing organizations? Pay particular attention to any PAC’s that endorse a candidate, as these are good bellwethers of political bias (good or bad).

§ What newspapers have endorsed the candidates How does their editorial position line up with a Biblical worldview?

· Second, seek out voter guides from organizations that are aligned with Biblical values. This works well for higher courts like the state Supreme Court or the Court of Appeals. It may be difficult to find voter guides that cover the lower courts.

· Third, attend “meet and greets” or candidate town halls.

o Various political groups like Tea Parties or Eagle Forum will sponsor these.

o Try to meet the judicial candidates and find out their positions on issues that are important to you. If they profess to be a Christian and use Christian buzz words, then ask for their testimony. Listen closely – Is it a rote script or Spirit-informed?

· Fourth, talk to friends that you trust. In local races, it is likely you know someone who knows the candidate personally, or who has experience in an incumbent’s court. Will your friends vouch for the candidate’s character?

· Last – but not least, pray for wisdom, knowledge, and discernment from the Holy Spirit. (1 Corinthians 2:13 & 12:8)

Are the candidates selected as judges important?

Since we live in a fallen world, it will be necessary to settle cases at law until our Lord returns.

Our Liberty depends on the right to be heard in court and to get an impartial judgement.

If you are not yet convinced, consider this recent case in Collin County, TX. A district court judge (an elected official) in deep-red Collin County ordered a Muslim woman seeking a divorce to submit to arbitration under a Fiqh Panel in an Islamic Court. To arrive at this decision, the judge ignored both federal and state law, in favor of Sharia (Islamic) Law. The woman’s attorneys were shocked – they had never seen anything like that. This elected judge forced the woman to submit to a “non-American, unconstitutional, male-run, Muslim religious court” to request a divorce from her husband. Texas Attorney General Ken Paxton has affirmed that Texas courts should not apply foreign law. The case is under appeal. (Shiver 2021)

So, who you elect as judges is of great importance.

Never forget: “You are only free as long as you can go to court and get equity.”

Works Cited

Shiver, Phil. 2021. Texas judge denies US citizen due process rights, sends her before Islamic Sharia tribunal instead. July 7. Accessed September 8, 2021. https://www.theblaze.com/news/texas-judge-due-process-islamic-sharia-tribunal.

Webster, Noah. 1828. American Dictionary of the English Language. New York, NY: S. Converse.

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