Q&A With Judge Steve David

What would you be doing in the U.S. Army if you did not have this assignment?

I just had received notice of my new assignment in Arlington, VA, a dream job, as the Chief Reserve Trial Judge for the Army, and as the Commander of Army’s only Reserve Military Judge Unit.  I would have traveled out there about once a month to hear cases.

What are your major responsibilities as chief defense counsel?

It is sort of like being the Senior Partner in a large 50-plus law firm that specializes in national security cases on steroids. I am in charge of the legal defense team and have responsibility for the over-all management of the office, training, fighting for resources, professional responsibility issues, due diligence on attorneys nominated or applying to represent defense, giving opinions on a wide variety of issues, research, resolving global issues, developing and implementing ideas and strategy, and helping our defense team do a better job.

Do you have any guiding words for those under your command?

Yes. I’ll take a bullet for you, but I want it to be in the chest not in the back. My philosophy as a Commander and as a Judge can be boiled down into eight simple words…Work hard. Do good. Be proud. Have fun.

Can you describe your days at work?

I describe my days as bad, really bad and crappy. But it is also the most challenging, rewarding, frustrating job I have ever had.

Do you have any favorite singers or songs that help you in this difficult assignment?

I have two that come to mind. Alan Jackson is a country singer who wrote the lyrics and sang the song “I Wish I Could Back Up.” The opening line is “I wish I could go back and start all over.”  In many ways I wish we could go back and start over with how we dealt with the detainees, but we can’t. Toby Keith is another favorite country singer and he sings a song called “Ain’t No Right Way.”  The refrain in his song that I like is: “Ain’t no right way to do the wrong thing.” I am reminded of this song as the White House and Congress try to wrestle with torture and the definition of torture and waterboarding and all of the conduct that is so not who we are as a nation.

I know you are a sports fan, so are there any sports analogies on a typical day for you in your role as chief defense counsel?

Well, it is baseball season, so I can use that sport. I walk up to the plate each day and am handed a different bat, sometimes a plastic bat, maybe a tennis racket, and sometimes a ping pong paddle. Occasionally I don’t have anything to swing but my bare hands. The pitches come two or three at a time, sometimes they are baseballs, but they are also bowling balls, rocks, gravel and various other things I can’t mention. The pitches come at me fast, slow, some curve balls, and some knuckleballs. I do my best to make contact.  Sometimes I make good contact, sometimes not, but I do my best.  I am comfortable at the plate because I have seen many of the pitches over the past 13 plus years on the bench.  Many people, and most judges, have similar days.

The issue of water-boarding and the use of torture has been in the headlines. Do you have any thoughts or opinions on the topic?

I’m not excusing torture in any circumstance.  The experts will tell you that torture is unreliable.  Ask yourself what someone is going to have to do to you before you would say anything they wanted to hear.  My main concern is that I want people to continue to want to serve our country. I shudder at the thought of an American serving somewhere and being captured by some rogue nation, or rogue entity, uniformed or not, and the captors having a dialogue about whether to use torture. I hope they would not have that dialogue, but if they did, I would want one of them to say that the US doesn’t use torture.  And, that they will be angry if we do that to one of their citizens and they will come after us and hunt us down if we do. But where is that argument now? How can we expect them to say that we do not use torture?

You have stated that all eyes are on us as we begin to bring justice to the detainees and we are at a critical point in our history. What is your biggest concern?

I have traveled all over the world to seminars and conferences and people have told me that the United States system of justice is held in high regard. Our system is the vanguard of criminal justice systems. They have said that we are the epitome of justice, objectivity, due process, and constitutional law. But when they look at the treatment of the detainees and the use of Guantanamo Bay, they ask how we could have done this? They ask why we are doing this.  And, what is our answer, because we got scared?

Is there any message or thought you would like to convey to your many friends and admirers back home?

To all of the hard-working lawyers in Indiana, don’t ever underestimate the significance of what you are doing. Every time you step into court people unfamiliar with our justice system are watching you and forming opinions about it. So be prepared and be professional as you represent your clients and uphold the rule of law. I am looking forward to returning to Boone County and spending the rest of my legal career on the bench. Boone County has been very supportive, and so has the Indiana Supreme Court.  I have a tremendous staff and Judge Pro Tem Jeff Edens and Commissioner Sally Berish have done a great job in my absence. I believe I will be a better Judge because of this experience. Many thanks to everyone back home in Indiana.