11 Apr Courteousness

A CBC interviewer once asked Winnipeg lawyer Jack London, who often commented on legal issues, what qualities make a good judge. “Politeness” topped London’s list. This struck me as apt. People who wield great authority should have the grace to do so without lording their stature over those whose lives they will rule upon.

In this morning’s New York Times,  Jeffrey L. Fisher, a Stanford law professor who once clerked for soon-to-retire US Supreme Court Justice John Paul Stevens, recalls Stevens’s trademark courteousness:

During William Rehnquist’s tenure as chief justice, a lawyer was arguing in the court for the first time. When asked a question by Justice Anthony Kennedy, the nervous lawyer started her response with, “Well, Judge — ”

Chief Justice Rehnquist interrupted her. “That’s Justice Kennedy,” he said.

Shaken, the lawyer continued. A few minutes later, she responded to Justice David Souter by saying, “Yes, Judge.” Chief Justice Rehnquist corrected her again: “That’s Justice Souter.” A couple of minutes later, she called Chief Justice Rehnquist himself a judge.

The chief justice leaned forward, his deep voice now at its sternest, to say, “Counsel is admonished that this court is composed of justices, not judges.”

Before the lawyer could say anything, Justice Stevens interjected: “It’s O.K., Counsel. The Constitution makes the same mistake.”

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