Democracy Rests on Trust #1: Caesar’s Wife

In 62 BCE, a Roman politician was accused of infiltrating a women-only festival to try to seduce Julius Caesar’s second wife, Pompeia. The politician was tried and acquitted. Caesar divorced Pompeia anyway, saying Caesar’s wife must be above suspicion. Appearances matter.

Hearing this story in high school, I thought it unfair if she had done nothing wrong. No one should be punished on rumors alone. The phrase “Caesar’s wife must be above suspicion” keeps coming back to me as perceptions of bias threaten the reputation of our courts. Is it fair to fault judges for the actions of their family members? Is it fair to restrict free speech or action by a private individual just because they’re married to a judge?

It's starting to fall into place for me. No one I know of proposes to limit spouses’ First Amendment rights or to hold judges responsible for how those rights are exercised. This isn’t about corruption, impropriety, or proven bias. It’s about taking seriously the provision in the U.S. Code, “Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” Democracy depends on trust, including trust in the rule of law free from conflict of interest. Appearances matter.

Images: (left) Pompeia, second wife of Julius Caesar, in Promptuarium Iconum Insigniorum,1553; (right) United States Supreme Court, Great Hall.