A foundational principle of our democratic republic is that the will of the people is the basis of the government’s authority. This principle is one of the “self-evident” truths in the Declaration of Independence: “Governments are instituted among Men, deriving their just powers from the consent of the governed.”

Because it is impractical for all of us to directly decide matters of government, we elect representatives to act on our behalf. Our representatives then try to ascertain our wishes and use their best judgment on courses of action to pursue. This process is sometimes referred to as following the will of the people.

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We are all familiar with the phrase “freedom is not free.” This often-repeated phrase reminds us that the many freedoms we enjoy in the United States—the most individual freedoms possessed by any citizens in the world—only came about because generations before us paid a price, and in some instances the ultimate price. The price earlier generations paid allows us today to enjoy the many freedoms we too often take for granted.

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Judges are bound by the rule of law. But the rule of law is not inflexible. Judicial discretion is the power judges have to exercise their judgment, act based on the evidence before them, and consider the circumstances of individual cases. It enables judges to make decisions based on the facts in front of them and allows for flexibility when the situation calls for it.

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In our last two articles, in recognition of the 250th anniversary of the Declaration of Independence, we discussed how that document laid the foundation for the rule of law and the right to trial by jury. In this article, our last before the anniversary, we will discuss how the Declaration also laid the foundation for an independent judiciary.

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In our last article, we discussed how the Declaration of Independence laid the foundation for the rule of law and the concept of equality under the law. In this article, we discuss how the Declaration also foreshadowed one of the most essential components of democratic self-rule and the rule of law—trial by jury. The Constitution articulates the right to trial by jury in Article III and in the Sixth Amendment. What started as concrete grievances in the Declaration of Independence in 1776 became fundamental rights when the states ratified the U.S. Constitution in 1788 and the Bill of Rights in 1791.

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High school students from Spencer Center in Cincinnati visited the Potter Stewart United States Courthouse on April 14, where they watched a real court hearing and spoke with a Federal Judge. 

The students also had the opportunity to learn from a Court probation officer and court reporter, a federal prosecutor, and others. Case Administrator Emily Hiltz gave the tour.

Government teacher Joshua Harris said it was a special opportunity for the students. 

"It's great to get out of the classroom and visit places and watch people do the things we are talking about in class," Harris said. 

The students sat in the gallery and watched a hearing in which a defendant previously convicted of a crime was accused of violating the conditions of his release. United States District Judge Matthew W. McFarland presided over the hearing. 

The students watched as the defendant admitted to some of the accusations. They also saw Judge McFarland postpone sentencing because of other good work the defendant has done, such as finding full-time employment. The Judge encouraged the defendant to stay on the right track and ordered him to appear again before him in six months. 

After the hearing, Judge McFarland spoke with the students and answered every question they had about Court procedures, the role of the Judge and others in the courtroom, how he became a Federal Judge, and the importance of the Judiciary.

"I thought it was great that he talked about where he grew up, how 20 years ago he never saw himself as a Federal Judge, and here he is now," Harris said. 

“It’s always a great pleasure to speak to students about the federal court system and let them see justice at work,” Judge McFarland said. “I enjoyed answering their well thought out questions and hopefully inspiring some of them to enter the law as a profession.” 

Harris said some students have approached him and expressed an interest in a career in the Judiciary. He would encourage teachers from other schools to consider a field trip to a federal courthouse. 

"I would recommend this to others, 100%," he said. 

Those interested in organizing a school field trip or bringing a civic group to the federal courthouses in Cincinnati, Columbus, or Dayton can do so by contacting the Clerk of Court's Office.  

• Cincinnati 513-564-7500
• Columbus 614-719-3000
• Dayton 937-512-1400

Read the original article on the Southern District of Ohio website.

In a few months we will observe the 250th anniversary of the Declaration of Independence. That document announced the formation of a new nation and laid the foundation for the rule of law in that new nation. With its soaring, aspirational proclamations that all persons “are created equal” and “are endowed by their Creator with certain unalienable Rights,” the Declaration laid the groundwork for federal courts to interpret the Constitution and give meaning to concepts such as liberty, equality, and justice.

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In a recent column, we wrote about judicial restraint and its critical role in retaining public respect and support for the federal judiciary. In this column, we will write on a related topic: judicial temperament.

JUDICIAL TEMPERAMENT: HOW JUDGES CONDUCT THEMSELVES.

Like judicial restraint, judicial temperament concerns how a judge conducts him or herself. And like judicial restraint, it is often taken for granted or not noticed until it is absent.

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The Judges of the United States District Court for the Western District of Kentucky have reappointed Regina S. Edwards to another eight-year term as a United States Magistrate Judge, effective July 28, 2026.  This action follows the unanimous recommendation to the court from a merit selection panel comprised of attorneys and lay persons from within the Western District, following the statutorily required public notice and comment period.

As a United States Magistrate Judge, Judge Edwards conducts initial proceedings in criminal cases, manages pretrial matters in civil and criminal cases, conducts pretrial conferences and settlement conferences, conducts Social Security appeals and prisoner litigation, presides over misdemeanor trials, and presides over civil trials with the consent of litigants. 

Judge Edwards was first appointed to be a United States Magistrate Judge by the court for an eight-year term that commenced on July 26, 2018.

General Order 26-01

WYSO attended a citizen naturalization ceremony held at Archbishop Alter High School. The ceremonies are sometimes held outside of the courthouse to show how important the occasion is for these new Americans.

Read the full article at WYSO.org.