Preaching and Presiding: Where are the Ethical Boundaries?

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Opinions concerning judicial ethics have sparked some controversy, when, at the conclusion of a recent murder trial, a Dallas County Court judge gifted a Christian bible to the convicted criminal while also giving her a hug.  Preaching

The judge not only gifted a religious text and extended an affectionate gesture, but she also gave the criminal directions as to what to read and for what purpose. Because this behavior occurred inside the court room while the judge was dressed in her judicial robe, there was immediate controversy following this televised trial.  

In response to the state official’s behavior, the Freedom from Religion Foundation, a national nonprofit organization, filed a judicial misconduct complaint in which it alleges that the judge’s behavior could amount to preaching in her official capacity. Thus, the foundation claims that the judge overstepped her judicial authority and that her actions were both inappropriate and unconstitutional given the principle of separation between church and state. 

On the other hand, the First Liberty Institute, which is a nonprofit that defends religious liberty, defends the judge’s actions. The general counsel for this organization stated “[w]e should all be thankful the law allows Judge Kemp’s actions, and we stand with her and will gladly lead the charge in defending her noble and legal actions.”  

Individuals are entitled to their religious freedom, but when acting in an official state capacity, what are the ethical boundaries of a judge’s compassion?   

For the full ABA news article, click here.  

Preaching