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Judge Chambers writes to remind us of the reasons for checks and balances

January 16, 2018 By Rob Abruzzese, Legal Editor Brooklyn Daily Eagle
Justice Cheryl E. Chambers has been on the bench since her election to the NYC Civil Court in 1994. She was elected and re-elected to the NYS Supreme Court in 1998 and 2012, respectively. She was appointed by Gov. Eliot Spitzer to the Appellate Division, Second Department in 2008 and re-appointed by Gov. Andrew Cuomo in 2012. Eagle file photo by Mario Belluomo
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Perhaps at no time in history, with today’s overwhelming and relentless tools of communication, have the concepts of separating criminal justice from politics been foremost in the news. Appellate Court Judge Cheryl Chambers believes that sometimes the relentless media coverage provides more heat than light.

 

As part of this effort, Chambers, who joined the Appellate Division, Second Department, in 2008, penned an article for the January 2018 edition of the New York State Bar Association Journal titled “From the Star Chamber to the Separation of Powers: Origins of the U.S. Judicial Independence and the Rule of Law.”

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“The founders knew what they were doing when they wrote the constitution and they had real reasons for the separation, and we don’t remember that,” Chambers said. “We don’t always understand today the abuses that occurred then that caused them to put certain safeguards in place.

“I don’t think this is political,” she added. “It’s not coming from the standpoint of being a Democrat or a Republican. There are reasons that determined how we evolved the way we did.”

In the article, the judge points out the history of England’s Star Chamber to give context to how it impacted the framing of the U.S. Constitution. She explained that by ignoring these history lessons potentially dangerous trends could be magnified by the power of social media.

“Many of our institutions, including the judiciary, are the subject of growing criticism,” Chambers wrote in the NYSBA Journal. “Unlike in previous times, those criticisms can get picked up in social media and ‘go viral.’ However, we must remind ourselves that an independent judiciary, resolving disputes in accordance with the rule of law, remains a cornerstone of our democratic system of government.”

The judge emphasizes three areas of importance to judicial independence that need to be stressed in the internet era: education, finance and diversity. Education to inform people about the legal process and their rights; finance meaning the judicial branch of the government is funded so that courts can properly manage their dockets and fairly administer the law; and diversity so that different voices are heard bringing various perspectives to the table.

“History has taught us that an independent judiciary is vital to the rule of law and democracy,” Chambers wrote. “Education, robust funding and increased diversity all contribute to readying judicial independence for a bright and challenging future. The vision of our founders to keep the judiciary free from outside influence is a full-time pursuit that requires our undivided attention.”

In addition to her article, Chambers has been giving lectures and continuing legal education seminars on the topic as well due to its importance. It’s how she spends the bulk of her professional time away from the Appellate Division Court because it’s a topic she feels so strongly about.

“One of the things that I think is very important at this stage of my career is giving back and teaching about things I know about,” Chambers said. “I spend a good bit of time teaching. It’s important for judges to dialogue about the law.”

This is why Justice Chambers, a Brooklyn native who grew up in Crown Heights and Midwood, is actively involved with bar associations. She is involved with the Brooklyn Bar Association, the NYS Bar Association, the Metropolitan Black Bar Association, the Brooklyn Women’s Bar Association and others as a way to open up avenues of dialogue for education.

“It keeps you grounded,” Chambers said. “It’s very easy to have an ivory tower mentality when you are sequestered from the bar and you always need to keep your finger on the pulse so that you understand the issues.”

 


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