Gard, Patrick K.
Meet the Justice
Division:
Pinal CountyJudicial Performance Review Committee Score:
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| Question | Response | Comments/Notes |
|---|---|---|
| 1. Which of the following Justices from the U.S. Supreme Court most reflects your judicial philosophy? | − | |
| 2. Please rate your judicial philosophy on a scale of 1 to 10, with "strict constructionism"1 being a "1" and "noninterpretivism" being a "10." | − | |
| 3. Please state if you AGREE or DISAGREE with the following statement from Chief Justice of the United States John Roberts: "Judges and justices are servants of the law, not the other way around. Judges are like umpires. Umpires don't make the rules; they apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules. But it is a limited role. Nobody ever went to a ball game to see the umpire." | − | |
| 4. Please rate your agreement with the reasoning in this statement from the U.S. Supreme Court on a scale of 1 to 10 with a "1" for strongly agree to a "10" for strongly disagree: "These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life." | − | |
| 5. Please rate your agreement with this statement from former U.S. Supreme Court Chief Justice John Marshall on a scale of 1 to 10 with a "1" for strongly agree to a "10" for strongly disagree: "Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the Court to follow it. Judicial power is never exercised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law." | − |