From the Desk of the Presiding Judge
By Judge Ketu Shah
Beyond Emancipation: Reflecting on the Rule of Law
It is a few days after Juneteenth as I write this column. It is an important day, a day to commemorate the ending of slavery in the United States. Of course, it symbolizes much more than one day. On its face, it was a day in 1865 in Texas when emancipation would be enforced 900 days after emancipation was first announced. The Confederate States surrendered on April 9, 1865, two months before emancipation in Texas. And still, there were enslaved people in states that did not secede and they were not freed until the ratification of the 13th Amendment on December 6, 1865.
Although there was legal freedom, there was no economic freedom. Initially, the Federal government seized land in the South and promised land grants to freed families. In the summer of 1865, the Federal government changed course during Reconstruction and President Andrew Johnson ordered all seized land to be returned to the plantation owners. The Southern landowners had no labor to harvest so the system of sharecropping was instituted and freed families were at the mercy of the landowner. Sharecropping contracts were strictly enforced for generations and systems were legitimized in law to marginalize formerly enslaved folks.
And, the history of slavery throughout the world is replete with stories of people who were enslavers receiving benefits after emancipation. Recently I came to understand that in the British Empire, slaves were emancipated around 1833. The Slave Compensation Act of 1837 became law and compensated plantation owners in the Caribbean for approximately £20 million with a 3.5% annuity. These payments to enslavers did not end until 2015. Generations of families profited from slavery even after slavery “officially” ended.
To mark a day when this cruel abomination ended is important, but it does not mean the pain and suffering has ended. That is to say, laws can be enacted to protect rights, to bring equity into our society. But, even after laws are passed, or emancipation declared, the previous practices and their impacts are long and lasting. We owe it as a society to acknowledge these wrongs and work to be better. There is more work that needs to be done beyond a declaration, beyond recognizing a day to achieve equity and address years of exploitation. It is important to take that first step and have disputes adjudicated in the courts to ensure rights are protected. But once a decision is made, there are many more steps to enforce and execute that decision.
When we discuss the rule of law, we often discuss how a case comes to court, the procedure of obtaining a hearing, and the fairness of a trial. An important aspect that is not often discussed is what does the rule of law mean after a trial is completed. When we conduct trials, evidence is presented and a decision is rendered. But after the decision, whether civil or criminal, there are many post-trial issues that occupy our time. There are judgments to perfect and execute. There are writs to be administered. There are sentences to impose. These important procedural steps are necessary to maintain the rule of law. The rule of law includes access, fairness, and timely decisions but must also include the process afterward to effectuate those decisions. As we reflect on Juneteenth, we think of the declaration, the order that was received in Texas, but fail to remember how the rule of law failed after emancipation. I encourage the Bar and the Court to always reflect on how we bring to bear the rule of law to protect rights, but also reflect on how it can be used to execute our decisions.
As always, we welcome feedback and conversation on how our court can serve the King County Bar and the members of our community. Please reach out to further that conversation.
