Nevada County Picayune and Gurdon Times Newspaper Archive

Federal judge, Clark County native discusses constitution at Ouachita

By Jeremy Langley

Protecting the constitutional rights of the citizens of the United States is the primary role of the federal judiciary, according to Judge Bobby Shepherd of the U.S. Court of Appeals for the Eighth Circuit.

Shepherd, a 1973 graduate of Ouachita Baptist University, was the featured speaker for the schools Constitution Day lecture on Thursday night. He spoke on a variety of topics from protecting constitutional rights to the ethical restraints placed on judges and how his religious beliefs tie into his work.

Most of the lecture was spent discussing the role of the federal court system and how the circuit courts came to be developed as they are now. In its current form, Shepherd said the circuit courts are often the court of last resorts for most appeals. In 2006, more than 330,000 cases were filed in federal district courts, and there were more than 70,000 appeals. Of those appeals to the circuit courts, Shepherd said only 73 were granted a review by the U.S. Supreme Court.

Many of our citizens may wonder why our federal courts are called upon so regularly, he said. One of the most common reasons the federal courts are called on -- outside of handling cases that deal solely with federal law -- is to ensure that the constitutional rights of those convicted of crimes in state courts are upheld. Appeals are often sought in federal court when state criminal defendants feel that their rights have been violated pertaining to a speedy trial, freedom from unlawful search and seizure and to cross examine those who testify against them, among others, Shepherd said.

He said the appeals are used to ensure good police work rather than to punish trial judges and attorneys.

Shepherd said the eighth circuit court of appeals is the most Republican of the courts of appeal. Nine of the 11 judges who sit on the court were appointed by Republican presidents. Seven, including Shepherd, were appointed by President George W. Bush.

Shepherd spent a few minutes at the conclusion of the lecture answering audience questions. One dealt with the ethical guidelines judges face when dealing with members of the public.

I feel like there is a misunderstanding of the citizenry as to the role of a judge, he said. Where members of the executive and legislative branches of government are prone to public opinion, the judiciary has to act independently, immune from public outcry.

Where a legislator, congressman or senator would have an open door and welcome their constituents to speak to them  those individuals in the judiciary are prohibited from it.

Judges not only have to watch their intake of opinion from outside sources in the public, but they also have to be careful of what they themselves say, Shepherd said. For years judges operated under a code of judicial conduct that prohibited public expression of opinion on topics of the day.

Supreme Court rulings from recent years have relaxed the restrictions on judges speech some, but Shepherd said there remains an ethical prohibition from commenting on issues that might come before them. He called the giving up of some free speech rights a trade-off for accepting the job. I welcome it, he said.

Shepherd spoke positively about his confirmation process through the U.S. Senate. He said he had expected heated confirmation hearings before the Senate Judiciary Committee as has been seen for Supreme Court Justices, but only one member of the committee was present for his hearing, and the one member asked only one question.

I was very fortunate it was not a controversial appointment, he said.

The confirmation process also allowed him to meet with people such as White House Counsel Harriet Myers and Attorney General Alberto Gonzales that he never thought he would have dealings with during his earlier days as a South Arkansas attorney. It was a great experience for me to have the opportunity to speak to those people and be interviewed by those people, he said.

The final question of the night was on the topic of faith. A Ouachita student in attendance asked Shepherd how he continued to honor God in a secular field.

In any profession in our secular world we are presented with situations that cause us to examine our faith, Shepherd said. He said that it can be especially trying for a judge who has to impose a harsh sentence after a criminal trial, but part of my duties as a Christian is to see that the laws are enforced and constitutional rights are upheld.

I think God allows us as individuals to establish institutions and to operate those institutions to the best of our abilities, he said. We hall have to think about the meshing of our spiritual life and our obligation to others.