Monday, July 14, 2008

Assuming the Bench: Insights From A Green Apple

At the age of 33, many consider me too young to be a judge.

Sometime in 2006, I took a chance by applying for a judicial position.Technically, I was still lacking in the required number of years ( I was only a lawyer for about fours years and three months, more or less) when I applied but I said to myself "Why not?.There's no hurt in trying." So I did. A few months later, I saw my name published in a newspaper as one of those qualified applicants.That alone was wonderful news. Yet it did not make me confident that I can actually get it through the process. I was just simply taking it one step at a time.

Did I not want the post?Yes, I did. But I was prudent enough to weigh my chances.My age and minimal requirements of being a lawyer (for a first-level judge, five years of legal practice is required) weren't exactly stellar compared to those applicants who are much experienced and "battle-tested" than me. To compensate, I did some research. I checked out the members of the Judicial and Bar Council.What law schools they went, their social affiliations,books or articles wrote, and that stuff. From there, I scouted my network of contacts from former school friends to former clients and further made background checks. In this country, it pays to be resourceful. This is one of the few times that I actually exploited the tradition of "utang na loob". I said to myself, "If I don't get appointed, its expected. At least, I couldn't be faulted for not trying my best of leveling the playing field." Yes. I was driven, at least, to do that and not solely rely on fate alone. I had to do something to convince the forces of the universe to take a second look at me.I guess the forces of the universe did. After about six months from the date of my interview, I saw my name posted on the JBC website as the appointed judge for Alaminos, Laguna.

It has been a year since my assumption as judge and it has been a learning experience. Being a judge doesn't mean that you have to know all the laws. A working knowledge is enough and a lot of common sense. One must always be prepared to tackle the tasks at hand and expect the unexpected. One of the lessons I learned is that human relations play a lot in small town litigation. The "cold neutrality" etiquette is applicable only if you do not know or even attempt to understand the culture of the community around you. It will never hurt if you study the people, their culture, customs and traditions in order to help you approximate the justice to be served. Yes, the law is the law. It may be harsh but it still the law. But the judge is human and given discretion on how to approximate and apply the law to the best interest of the community and the individual. Even the law is relative.

It is very hard for a young person to be a judge. I just wished I was a little bit older as respect is quite hard to get. My journey continues and I do hope that I can gain the wisdom of the old despite being young.

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