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Justice requires sticking to core principles in tough times

“Everyone wants to be a Frogman on a sunny day.” I heard that phrase a few times when I drilled in Coronado, California, as the Staff Judge Advocate for SEAL Team 17, the Navy’s west-coast reserve SEAL team. It means the value of the SEALs is not in how they perform when things are going smoothly – indeed, practically anyone could be a SEAL when things are easy – but rather in how they can be counted on to accomplish missions that are difficult, dangerous and, sometimes, seemingly impossible.

The full significance of that saying hit me when I found myself presiding over court hearings in the midst of a global pandemic.

The administration of justice, even in the best of times, is no walk in the park. It requires a daily commitment to the principles of fairness, respect, impartiality and the rule of law. But now, as we grapple with this public health emergency, these principles are perhaps more important than ever.

As I see it, our mission is to trust one another, to not lose hope, and to believe that justice will ultimately be served. But we need to recognize this mission is a difficult one. It will require patience and flexibility. We will have to adapt and overcome.

And when I say we, I mean all of us – judges, court personnel, attorneys, litigants, defendants, victims, law enforcement officers, jurors, journalists and the general public.

I know we can succeed. In fact, I have witnessed first-hand just how important patience, flexibility and adaptability are to the pursuit of justice in less-than-ideal conditions. While on active duty in the Navy as a JAG officer, I deployed to Iraq, where I was tasked with making release-or-detain recommendations for detainees accused of insurgent activities against coalition forces. I also served as the discipline officer aboard the aircraft carrier USS NIMITZ (CVN-68), where I worked with the ship’s leadership to maintain good order and discipline for a crew of more than 5,000 sailors. As a reservist, I was mobilized for a year to Joint Task Force-Guantanamo, where I handled legal issues involving our detention operations there.

In each of those circumstances – and in numerous other instances during my Navy career, which I would be happy to discuss if you see me out and about in Albuquerque – I have seen how a positive, flexible, can-do mindset leads directly to mission accomplishment. And over the past few months, I have seen our community put many of these attributes into action to the benefit of the administration of justice.

The road in front of us can feel daunting. Let us accomplish our mission by remaining patient when it seems that the wheels of justice are turning slowly, by being flexible when it comes to the safety precautions that are being implemented in our courthouses, and by adapting to the technological innovations that are being made so that the legal system can continue to function. And above all else, let us never lose hope and faith in each other.

It may be true that everyone wants to be a Frogman on a sunny day. And we ourselves may pine for the simpler days of only months ago. But we have the opportunity now to demonstrate our value – as citizens, as New Mexicans, as Americans – by showing the patience, flexibility and adaptability necessary to achieve true and lasting justice. Let’s take advantage of that opportunity – together!

Daniel Gallegos is a judge in the Criminal Division of the Second Judicial District Court. He also is a lieutenant commander in the U.S. Navy Reserve JAG Corps. Opinions expressed here are solely those of the judge individually and not those of the court.

 

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