Children not learning their rights, federal judge laments

Chief Judge Lavenski Smith of the U.S. 8th Circuit Court of Appeals spoke Thursday to a packed ballroom at Little Rock’s Mosaic Templars Cultural Center about the importance of not playing “political football” with the judiciary system.

The Arkansas Black Hall of Fame Foundation hosted its annual Distinguished Laureate Series and Smith was the keynote speaker at the event.

“The events are designed to provide entertainment and enlightenment,” Danyell Crutchfield Cummings, an Arkansas Black Hall of Fame Committee member, said. “This event is about learning and enlightenment.”

The theme of Smith’s lecture was “Preserving Democracy in Times of Chaos; The Critical Importance of an Independent and Strong Judiciary.”

“My goal is for you to have a rekindling of your understanding of the nature of the government that was established on this continent,” Smith said. “That the government was not perfect, but it was designed in such a way that it could have the flexibility to improve as its people modified its rules.”

Smith focused on the role of an independent and strong judiciary in assuring separation of powers by talking about the history of the Constitution and Bill of Rights. He also spoke about the mistakes along the way, including the Supreme Court in the Dred Scott case declaring the Missouri Compromise unconstitutional, on the grounds Congress was prohibited by the Fifth Amendment from depriving individuals of private property without due process of law. The ruling made slaves property instead of humans.

“The constitution itself was intended to create … a more perfect union,” Smith said. “It certainly has improved, but there is much ground to yet cover, but we have something extraordinary in these United States. We ought to do what we can to learn how we got it to be what it is, and have a strong desire to see it’s maintained for the benefit of our children and our grandchildren and their children.”

The role of education is important, Smith said.

“Civics has been taken or removed from classrooms. Many of our kids are growing up and know virtually nothing about the founding of our nation and the principles … of a representative democracy,” Smith said. “Our rights belong to us, the people. If we don’t teach that, our kids grow up thinking our rights came from the government and that … everything that they are able to receive is because the government might be nice enough to let me have some. That is not what this country was created to be and we must do everything we can to educate our people.”

Shorter College President Jerome Green said he purposely escorted students to the event.

“If they can see you, then they can be you,” Green told Smith during the event.

Smith said the courts must stay in their lane and protect their independence for government to work.

“Judges are not advocates for parties or causes,” Smith said. “But should be protectors of the process of fair adjudication. Sometimes good people and good causes lose in court. It’s usually not — and should never be — because the judge didn’t like the person or the cause, but because the case simply lacked adequate pleading, proof or persuasive precedent to prevail against a better prepared opponent.”

Smith was born and raised in Hope. He received his bachelor’s and juris doctor degrees from the University of Arkansas.

“He has an IQ that would boil water,” Billy Wilson, senior U.S. district judge of Eastern District of Arkansas said. “We are real proud of him.”

Before joining the federal bench, Smith worked in both private law practice and public service. His time in public service included stints as a member and chairman of the Arkansas Public Service Commission and as a justice on the Arkansas Supreme Court.

“He has always had a way of turning harsh situations away with a soft hand,” Wilson said.

He was nominated to the 8th Circuit Court of Appeals in 2001 by President George W. Bush. Smith was elevated to chief judge in 2017.

“To reside in hearings at the territorial courthouse in St. Louis, the very same courthouse that the rights of Dred Scott to be free in Missouri were denied,” Smith said. “Yes, we are making progress.”