Ask a Judge — Justice Erika M. Edwards February 2017
1) Do you ever let your personal feelings affect your rulings? — Sel W., Georgia
The brief answer is: it depends on the meaning of the question and the situation. My personal feelings about each case are based on the underlying facts, applicable law, my background, previous experiences, training and common sense, so my personal feelings about the case are a compilation of all of these factors and more.
However, my personal feelings about what would be a fair and just ruling in each case must be limited to the applicable law and the facts of each case and cannot be based on whether I have feelings for or against a party. For example, if I have a previous relationship with someone and there is an appearance of a bias or potential conflict, then I must disclose the relationship to all parties and consider removing myself from the case.
When I deal with a particularly violent and abusive person who attempts to disrupt my courtroom, I cannot let my emotions cause me to engage in any back and forth and punish the person with a particularly harsh ruling. As a judge, I always get the last word and I have to recognize the power I have over that person’s life. I have to recognize what each person is going through and use good judicial temperament and judgment to calmly assert my authority to maintain control of my courtroom so I can deliver justice in a fair and professional manner.
2) What do you do, when you know without a doubt, that you have made the wrong decision about someone? — Carla M., Arkansas
This is easy…fix it, if possible. Even after a case has been adjourned, I have the authority to: amend my decisions; change my mind about a ruling or bail condition; and/ or, recall a case and do whatever I can to try to correct a mistake. However, there are rare occasions when it may not be possible, for one reason or another, so I just pray about it and rely on my faith in God to make it right. For example, if I later learn I made an improper evidentiary ruling at trial and it is too late to change it because the witness has left town or the jury has already heard or seen the damaging evidence, then I have to stand by my first promise-to make sure everyone gets a fair trial. Therefore, I may consider using my discretion to rule in favor of the aggrieved party on a ruling that could go either way based on the facts and law.
I always have to remember to trust in God and not dwell on any one decision. I cannot afford to mull over past cases because that takes my attention away from the current case and it wouldn’t be fair to the people standing in front of me, if I could not give each case my undivided attention. When I am forced to make a particularly difficult decision, I try to remember that God put me in this position for a reason and I do whatever I think is best.
3) How do you have a crime without a victim? As in victimless crime like drug possession, prostitution or a litany of others that the government deems to be crimes against society? — Sean M., Florida
When I became a judge, I swore to uphold the Constitutions of the United States of America and the State of New York. If I determined a law was unconstitutional, then I would not uphold it. However, as a judge in criminal court, I could not consider whether I personally liked or disliked a particular law. My job was to interpret the law and apply it fairly in each case.
Having said that, I personally believe there are very few victimless crimes. Just because one or more adults consent to a particular activity, doesn’t necessarily mean no one else is detrimentally impacted by such behavior. Many of the examples of victimless crimes commonly used, like drug possession and prostitution, have risks that often cause tremendous physical and emotional damage to the individuals involved. They also detrimentally impact the community and society as a whole by destroying families. There’s also a reduction in the quality of life in a neighborhood through: increased criminal activity and violence; increased poverty; as well as decreased educational, training and professional opportunities.
An ancillary impact is the increased exposure of young people to what society determines to be immoral activities. Most importantly, there’s decreased hope and with that a lessening of the will and ability to improve one’s circumstances to make a positive contribution to society.
Justice Erika McDaniel Edwards, a graduate of Penn State University and the Howard University School of Law, was elected to the Supreme Court of the State of New York in 2016 (currently serving in the Manhattan Civil Term). She previously served five years as a Judge in the New York City Criminal and Civil Courts.
Prior to becoming a judge, Justice Edwards was an attorney with over 18 years of experience. She was licensed to practice law in New York, New Jersey, Georgia and in several Federal courts. She previously worked as a Manhattan Prosecutor, a criminal defense attorney in both state and Federal courts, as well as a personal injury, medical malpractice insurance defense and plaintiff’s lawyer. Justice Edwards was a founding partner of a Harlem, New York law firm specializing in criminal defense, personal injury, wills, estate planning, false arrests by excessive force and civil rights violations. She has also: provided free legal clinics; conducted free healthcare proxies for seniors; served as a volunteer lawyer in civil court; and, acted as a mentor in a program designed to expand the pool of qualified minority and women federal, court-appointed criminal defense attorneys.
Justice Edwards, a life member of Delta Sigma Theta Sorority, Inc., has strong roots in the community. She has lent her expertise to a variety of groups throughout the Tri-State area, including local bar associations, governmental organizations, churches and community organizations on issues including: improving police and community relations; collateral consequences of criminal and non-criminal dispositions; financial awareness; HIV/AIDS awareness; know your rights seminars; voter registration; criminal justice; wills and estate planning; immigration; home ownership; legal practice management; and, admission to a federal criminal defense panel.
