Law takes precision, which Marion County Circuit Court judge candidate brings
Mar. 22—FAIRMONT — Craig Erhard's mother was an English savant.
He recalls her command over the language, skillfully stringing together words and thoughts to make herself understood.
"My mom used to speak with a very intentional vocabulary," Erhard said. "And I realized that, 'well gee, that leaves very little margin for misinterpretation. What a truly cool gift that is.' And so, I think communication is a fascinating thing between humans."
That precision and dexterity passed down to her son. Even the unintentional placement of a comma can vastly alter a sentence's meaning, he said. Therefore, precision is key.
For years, Erhard has brought that precision to his law practice. Now, he is running for Judge in Judicial Circuit 20, Division 2, otherwise known as Marion County Circuit Court. His opponents are Chuck Shields and Craig Erhard. Judge David Janes, who holds the seat, retires this year.
"You have to write orders that can stand the test of time," Erhard said. "One of the coolest things about law is if you write an opinion that is precise and well reasoned, it stands the test of time because it makes sense, it's logical. It springs from the controlling authority. In America, we have the principle of Stare Decisis."
Put simply, Stare Decisis is a Latin term that means 'Let the decision stand,' or 'to stand by things decided.' The concept is foundational to the American legal system, it holds that courts and judges should honor precedent, or the decisions, ruling and opinions from prior cases.
Since Erhard considers himself a strict constructionist, respecting prior ruling and precedent is paramount. He said the role of a judge is to apply the law as it is written, it is the legislature's job to create new law.
Erhard's interest in law is as much intellectual as it is practical. The case that captures his attention most from the history of American jurisprudence is Marbury v. Madison. The case was argued in 1803, in the earliest days of the republic and is the single most important case for constitutional law. It establishes the power of judicial review for the courts, which gives courts the power to strike down laws that violate the Constitution.
"For the first time in Marbury v. Madison, it was determined that, well, the court does have the authority to be a check against unbridled power," he said.
Recent rulings by the U.S. Supreme Court have led to scrutiny, criticism, and even questions of its legitimacy in some quarters. Erhard said that makes county courts all the more important, because they function as individual blocks that form the foundation of the legal system at large, granting the system as a whole legitimacy.
"You can't let erosion occur in that local courthouse because it doesn't just disadvantage the people that are in your courtroom," Erhard said. "It disadvantages your community because people continue to have eroded confidence in the legal system."
Which makes how judges perform their work all the more important. Erhard said maintaining predictability, fair treatment and especially upholding the Bill of Rights prevents that erosion from happening. Each case necessarily produces a winner and loser, that's the nature of the system. What's important is that each of the parties feel that the treatment of their case was fair.
"As long as the next thought in their head is, 'But you know what? I think it was fair. I think the case was decided appropriately. I understand why it was ruled that way,'" Erhard said. "That's a victory for the Constitution."
Erhard has practiced law for 25 years. He worked for a large litigation firm in downtown Pittsburgh, but a desire to be his own boss led him to begin his own practice. Erhard now does a lot of court appointed work, representing clients who can't afford a lawyer. This has given him a lot of experience in the courtroom, which sharpens skills such as taking notes, thinking quickly, listening to witnesses and anticipating what they will say to make timely objections.
Erhard appreciates Marion County's system of having judges appoint defenders. Criminal appointment is similar to the public defender system, the difference is that under an appointment system the judge appoints the attorney, rather than a public defender office. Erhard sees it as an expectation of attorneys here in Marion County, one he is grateful for because it's a way of giving back. It's also necessary for the court system to work fairly.
"That's saying to a person who can't afford an attorney, 'Hey, you're gonna get one,'" Erhard said. "Our founders were skeptical of the ability for a judicial process or the government itself to grind up a person that doesn't have financial resources. It's one of the great, enviable things about the American Constitution."
Among the things that a good judge has in their skillset is the ability to anticipate an improper question or determine when an answer goes too far afield or ventures into something prohibited by the rules of evidence. That's experience that only comes from practicing frequently in the courtroom, of which Erhard has plenty of experience.
Faith also informs the way Erhard understand the application of law, meaning that since he was made by God, he was made with certain inalienable rights that can't be taken away from him. He considers it a field leveling concept, one unprecedented before the U.S. Constitution. That belief underscores why courts are important, because they protect the rights humans are made with.
Erhard returned to the Constitution time and time again. To him, the Constitution is both an inspirational and aspirational document, one that lays the foundation of civil society but also protects the things that make civil society possible. It's why Marbury v. Madison is important to him, because the court can act as a guardrail against abuse of power.
The circuit courts of Marion County are respected throughout the state, Erhard said. Judge Janes built upon the foundations of previous judges, as has Judge Patrick Wilson. Fred Fox was widely respected before his death. There's a proud legal tradition that goes with the hundred year architecture of the courthouse. It's a tradition Erhardt wants to build on with both his intellect and precision.
"I just want to make sure that continues," he said. "And it would be such a privilege and I can tell you, I would work my tail off to do that."
Reach Esteban at efernandez@timeswv.com
