Speaking near the conclusion of the Diocese of Buffalo’s annual Red Mass, U.S. Magistrate Judge Michael Roemer recalled a case involving a bail revocation. He spoke of how the law clearly stated bail was to be withdrawn, but yet the defendant passionately begged him for mercy.
“How should we resolve this tension between the rule of law and mercy? Here’s my spoiler alert. I don’t have any answers, only questions,” he said.
The tension between rule of law and a show of mercy was a focus during this annual Mass held for Catholic judges, attorneys and others working within the legal system.
Bishop Michael W. Fisher, the lead celebrant, explained the significance of red as the theme color, as it represents the calling down of the Holy Spirit to bless the work of all those involved in the courts.
“How right it is that each year we have this opportunity to pray for the strengthening of that link, that link between the administration of our laws and the ultimate justice that is a gift from God,” Bishop Fisher said during his homily.
The bishop, acknowledging the diocese’s legal issues over recent years, opened his homily by expressing his respect for the legal profession, noting his great-grandfather and grandfather were a judge and a lawyer, respectively. But the legal system, he noted during his homily, is inevitably imperfect at times.
“Here we stand before the one who alone knows all hearts, who alone knows all truth, who alone is the source of true justice. That’s why we ask for this wisdom of God,” Bishop Fisher said. “Here, we renew our resolve to couple our sense of inadequacy, at times, with a renewed sense of service and genuine integrity.”
This annual Red Mass marks the start of a new legal year – the U.S. Supreme Court, by law, begins its session annually on the first Monday of October, which this year was Oct. 7. The diocesan Red Mass is held at St. Joseph Cathedral each October in cooperation with the St. Thomas More Guild. Judge Roemer, who was introduced by the guild’s current president John Baxter, delivered keynote remarks which are traditionally included in the Red Mass.
While he couldn’t answer how to solve the tension between rule of law and the show of mercy, Roemer warned against providing too much and too little of both.
“We, of course, must be cautious. If mercy is granted too freely, it can undermine the rule of law, creating inconsistency and a sense of impunity,” he said. “On the other hand, if the law’s applied too strictly, it can become oppressive, denying individuals the chance for redemption and understanding. Judges have to make these tough decisions every day. “The only suggestion that I can offer to you today is to maybe do what I do during my daily prayers. I always ask God to help me render good, fair, sound and just decisions, and to show mercy when I can.”