F A I R N E S S
The hand that hath made you fair hath made you good.
William Shakespeare 1564-1616
Measure for Measure [1604-1605],Act: III, Scene: i, Line: 182
Fair I was also, and that was my ruin.
Johann Wolfgang von Goethe 1749-1832
Faust [1808-1832]. The First Part. A Prison
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Fairness can mean different things to
different people, but at minimum, it means that a person can act
free of favoritism or bias and be regular, even, and impartial in
making decisions.
To most of us, fairness is the quality or
state of being just and unbiased; we want and even expect those
that are in decision-making positions to make those decisions in
a manner that is detached, impartial, objective, just, equitable,
nonpartisan, and for the decision-maker to be personally
disinterested in the ultimate outcome or decision being made.
Fairness is the state, action, or principle
of treating all persons equally in accordance with the applicable
law, rules, or ethics. Fairness requires that we
always deal with others in a direct, straight, just and honest
manner.
As an athlete, fairness means always acting
and playing according to the rules and conducting oneself in a
clean, sporting, and sportsmanlike manner. Fairness is
to play a sport or game fair and square, disregarding any
temptation to win at all costs by cheating or seeking to obtain a
wrongful advantage.
As an umpire or referee, fairness means making decisions, or calls, that are objective, free from bias, and that are impartial. A home plate umpire who is calling the strikes of a pitcher who happens to be his son may be trying to act fair, but he will inevitably fail to make some people satisfied because of the appearance of his personal interest in the outcome of his decisions.
As a Judge, fairness means to act always in a
way that is just to all parties, consistent with all rules,
logic, or ethics. A Judge must seek to make decisions with a
clear, unclouded mind that is just to all parties, unprejudiced,
and evenhanded. More importantly, the ethical obligations of a
Judge require that he must always work to avoid any appearance of
unfairness or impropriety in his decision-making.
Fairness has an underlying historical
significance in our modern legal system. Our legal system is
based upon the English common law, which was a system of law
based on custom and precedent established by prior court
decisions. Developed in medieval England and so called because it
represented common, rather than local, custom, the common law
prevails in most English-speaking nations, including the U.S.
(except Louisiana, which adheres to the old French code). The
formality and inflexibility of early common law often led to
injustice, and in 15th-century England, the King's secretary, or
Chancellor, issued the first of many decrees to restore
"equity" or fairness. Courts of equity arose to provide
relief from the rigidity of the common law. This was the
beginning of the modern body of equity law. The primary function
of a court of equity is to do what is right and to do justice. Fairness
is the overriding principle.
Fairness sometimes requires that a person
make a decision that is unpopular with friends, family, or the
community in which one lives. Facing the adversity of one's
friends, family and community requires that a person have a
strong character and personal sense of integrity.
Fairness does not allow a person to make the
easy decision or the most popular decision.
Fairness is a personal commitment to always
do the right thing, even if one loses the ball game because of
it.
Submitted By:
Judge Bill Daniels
Monticello Municipal Court Judge
May 5, 1998