Working to pursue the truth in district court

HOOD COUNTY DISTRICT JUDGE

Bryan Bufkin is the 355th Judicial District Court Judge in Hood County. Bufkin grew up in Granbury and went to Granbury schools from kindergarten through high school graduation. He received a bachelor of arts degree from the University of Texas-Arlington and a juris doctor degree from Baylor Law. He and his wife, Rachael, are raising their four sons here in Hood County.

I am sure you have heard that famous line delivered by Jack Nicholson’s character, Col. Nathan Jessup, in “A Few Good Men”: “You can’t handle the truth!” In District Court, we always pursue the truth.

What is truth? In a philosophical sense, people have argued about that question for a long time. Some believe in absolute truth; others that truth is relative. Christians like me believe, in faith, that absolute Truth exists in a man: Jesus Christ. 

In court, we seek the truth about whether things happened as a party alleges. How do juries and judges — made up of human beings who are not omniscient and who were not present when the alleged events occurred — discover the truth?  We do it the good old-fashioned way: by watching people. Witnesses testify. They are subject to cross examination. We watch their every move, look them in the eye, and compare what they are saying to known facts. In other words, we use common sense. 

Before a witness testifies, they swear or affirm to tell (1) the truth, (2) the whole truth, and (3) nothing but the truth. While it’s easy to lump those three into one, each is independently important.

The first is easy to understand. Tell the truth, meaning don’t tell a lie in response to the attorney’s examination. The second is more complicated. Witnesses can satisfy the first prong and fail the second, and do so often.

For example, if a witness accurately says that somebody fired a gun at another person but intentionally omits that the other person shot first, they have omitted a crucial detail and have not told the whole truth. Finally, witnesses often testify to something that is true with lies mixed in. Such testimony would not satisfy the third prong.

I love watching juries, especially when a key witness is testifying to a crucial detail.  They are so focused. You could hear a pin drop. An entire courtroom locking in on a witness is unlike anything else. Why do juries and judges focus so hard? Because trying to figure out what to believe is important business, and it is hard. 

One reason I love being judge is because I love that we pursue the truth with such determination. We have rules, laws, and burdens of proof that help guide the way.  We will talk about those in greater detail in later columns. But it all comes down to human beings doing their best to deliver on the hope that we can find justice on this earth. And with respect to Col. Jessup, we can indeed handle the truth.

In many ways, I wish the world operated the same way outside of the courtroom. That we would collectively pursue the truth with such determination and vigor in our everyday lives. That we would carefully consider all the evidence before reaching conclusions. And that’s the truth, the whole truth, and nothing but the truth. 

Until next time, this column will be in recess.