Reply To: Do we need another frum judge?

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Avi K
Participant

Flatbusher, a judge is not supposed to represent the interests of a particular community. That is the job of politicians.

Joseph, Rav Yaakov Ariel said (and paskened for some l’maaseh)that it is a mitzva for a judge who knows how to go about bringing more Jewish law into Israeli law (and, in fact, many judges do cite Jewish law and some laws establish principles of Jewish law into civil law) to do so. Moreover, Israeli judges can refer litigants to mediation or arbitration (secular courts here are extremely congested and judges try to pass on cases as much as possible) and some have referred them to battei din. In the US this is more problematic because of the separation of religion and state although not impossible (both Earl Warren and Antonin Scalia cited Jewish sources in their opinions). As for a Jewish judge presiding over a civil court see “Serving as Judge in Secular Courts” (on-line). I heard of a case where a frum judge reprimanded two Chassidic groups for not taking their case to a din Torah.