On Wednesday, September 18, 2024, Colorado Politics reported that Chief U.S. Magistrate Judge Michael E. Hegarty addressed a range of pressing issues during a recent event at Colorado Christian University, focusing on judicial ethics, the alarming rise in threats against judges, and the intersection of religion and the judicial system.

During a Constitution Day event, Judge Hegarty emphasized the importance of maintaining a perception of integrity within the judiciary. “In my world, you don’t even want the appearance of impropriety,” he stated, highlighting the need for judges to adhere to ethical standards that demand accountability and transparency. His comments came in response to audience inquiries about the proposed ethics code for the U.S. Supreme Court, a topic that has gained traction following President Joe Biden’s proposal earlier this summer. While Hegarty acknowledged that lower court judges must follow established ethics rules, he noted recent reports indicating potential ethical lapses among some Supreme Court justices, including undisclosed luxury gifts and partisan activities.

Hegarty pointed out that judicial independence is critical, remarking that judges should remain “above the political process.” He outlined the restrictions placed on judges regarding political engagement, stating, “The only political activity I can engage in is voting. I can’t donate. I can’t make any statements for or against a political party or a candidate.” He expressed his belief that such limitations are essential to preserving the integrity of the judiciary.

Another significant topic raised by Hegarty was the increasing number of threats directed at judges. Citing a Reuters report, the article noted that serious threats requiring investigations against federal judges more than doubled from 2021 to 2023. “You never know where it’s coming from,” Hegarty said, recalling instances where he felt threatened, primarily by civil litigants dissatisfied with their cases. He expressed concern about the implications of such threats on judicial decision-making, stating that fear of personal safety should never influence a judge’s ruling.

“If you can’t find a sanctuary to have your constitutional and statutory rights upheld in a court of law and be assured justice will be done to the best of our ability, what do we have left?” Hegarty asked, underlining the critical role of the judiciary in upholding the rule of law.

The event was co-sponsored by the Centennial Institute, a conservative think tank affiliated with CCU, and the Mountain States Legal Foundation, a nonprofit organization advocating against certain regulations. During the discussion, Cristen Wohlgemuth, president and CEO of the Mountain States Legal Foundation, defended the conservative-majority Supreme Court, praising its recent decisions that limit regulatory discretion and challenge the Biden administration’s student loan forgiveness initiative. Wohlgemuth asserted that the Supreme Court is essential in reining in what she described as an “out of control executive branch.”

While Hegarty did not specifically address Wohlgemuth’s remarks, he was prompted to share his views on perceived attacks on the Bill of Rights, particularly regarding limits on speech imposed by non-governmental entities like social media companies. He declined to express an opinion, stating, “I don’t have an opinion on that and if I did, I wouldn’t express it,” emphasizing his focus on the practical application of the law rather than theoretical discussions.

The judge also engaged the audience on matters of faith in the courtroom, asking attendees whether they believed witnesses should swear on a Bible or if the Ten Commandments should be displayed in court. Some audience members expressed support for these ideas, but Hegarty indicated that he would “probably differ” with their views, citing the need to respect both the Free Exercise and Establishment Clauses of the Constitution. He noted, “We are a secular nation. We’re not a sectarian nation. We’re not a theocracy.”

Lastly, Hegarty reflected on changes he has observed during his 18 years on the federal bench, particularly the rise of remote court appearances due to the COVID-19 pandemic. While acknowledging the convenience that technology provides, he expressed frustration with the challenges it brings to effective communication and engagement during court proceedings. “It’s made the job a little less enjoyable,” he remarked, noting the difficulties of connecting with participants who are not physically present in the courtroom.

 

 

Source: Colorado Politics