The term judex is Latin, meaning “to say the law.” In ancient Rome, a judex was a private person appointed with the consent of the parties to decide a cause or action commenced before him. The judex received from the Preator, the appointing officer, a written formula instructing him as to the legal principles according to which the action was to be judged. It was the job of the judex to collect the facts and “say the law,” not create the law.
In this spirit, Judex is a newsletter for conservative judges. The current pendulum placement in our judicial system is decidedly away from conservatism. Today, judicial systems emphasize judicial activism, leniency for criminals, and problem solving rather than case deciding. Judges are encouraged to become actively engaged in their cases and not just “say the law,” but to make the law.
With Judex, I will offer some counterbalance. Judex will promote originalism and textualism in judicial interpretation, separation of powers, the role of retributive justice in our criminal system, and judicial restraint. To accomplish this, the newsletter will highlight relevant material from around the internet, and include my original writing as well as occasional guest writers. At a time when most of the messaging you receive about judging is from the left, perhaps hearing from like-minded judges will make you more confident in applying your conservative values. After all, you are right, and you are not alone.
I hope you are inspired and entertained.
As a practicing lawyer for 50 years plus 20 years in the Legislature serving as chairman of the Senate Judiciary Committee and Chairman of Criminal Law and Corrections I am interested in what this endeavor will provide.