At Leimert Park, the man was holding a sign that said “We now have judges that cannot judge.” Midst chanting “No justice, no peace” and “Hey Ho, racist cops have gotta go” I kept coming back to this plaintive sign. It brought to mind the midrash which comments on the first verse in the Book of Ruth: “In the days when the chieftains ruled.” The Hebrew uses the same root for both noun and verb and has the more poetic: biymay shfot ha-shoftim. When the judges judged, perhaps. The midrash comments: “Woe to the generation which judged its judges, woe to the generation whose judges needed to be judged.” (Ruth Rabba 1:16)
Police officers are part of the judiciary. When asked about the role of police officers in light of Jewish textual tradition, Rabbi Hayyim David Halevy the Chief Rabbi of Tel Aviv (in a small book called Dvar HaMishpat: Hilchot Sanhedrin 1:7) discussed the idea that the police are invested with judicial authority and not merely with punitive or protective authority. Therefore, the Talmud’s demand (Bavli Rosh Hashanah 26a) that a court has two obligations—both judging (deciding law based on the facts and testimony) and saving (attempting as best as they could to find a defendant innocent)—would also apply to police. This translates to the fact that police officers are in a situation wherein they are obligated to defuse, and deescalate a situation rather than to “put down” a threat.
We are now in a time when some of our police officers, and some of the officers of the courts, cannot or will not judge. They will not judge the judges. Woe to our generation for our judges surely need to be judged.