JUDICIAL PHILOSOPHY

     Restraint

Judge Yeary believes it is the job of the Legislature and the Governor to establish policy for our state. He believes that the Judicial Department of our government should exercise restraint when called upon to interpret the law. The Judiciary must be fiercely independent, but also cautious in the exercise of its immense power. This is particularly true with regard to judges serving on high courts.

     Humility

Judges should be humble, understanding that they are not all-knowing or prescient. All judicial decisions must follow the actual law, found in our statutes and our constitutions. They must be driven by principle and commitment to the truth--about what the law requires and what it does not. Judges should not allow themselves to be fooled into believing that the people have given them the power to "make law." It is true that judicial opinions can sometimes establish "rules of decision" that are binding on lower courts, but those opinions should never be be considered to be more authoritative than the actual text of our statutes and our constitutions.

     Policy-Making Avoidance

Judges must resist the temptation to be policy makers. If the people don't like the outcomes when the law is properly understood and applied, the people can petition their Legislative and Executive representatives for change. That is how our government is designed, and that is what our constitutions demand. The courts are the wrong place to seek changes in the law.