austinbar.org SEPTEMBER 2022 | VOLUME 31, NUMBER 7
Embracing Life Beyond the Bench BY JUDGE BRENDA P. KENNEDY, 403rd DISTRICT COURT, TRAVIS COUNTY
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s a person who has literally spent most of their adult life within the confines of the Travis County Courthouse, the thought of living a “normal” life outside its walls is quite daunting to say the least! I began my courthouse life at the Travis County Courthouse in 1982 as an assistant district attorney. I found my niche in trial advocacy, and enjoyed, practiced, and nurtured it until ascending to the bench in late 1987. My “insider’s” view of life, from the perspective of my judicial involvement, includes both positive and negative experiences. I have been able to observe and learn much about people from all walks of life and backgrounds, from a prime position with a “ringside seat,” observing many experiences that others might not imagine or believe possible. But, for those of us who have this level of involvement, it provides a truly unique life experience, whether it is good news or not. As an integral part of the criminal justice system, judges bear witness daily to the many factors, components, and nuances that not only affect decision-making, but also impact lives forever. Balancing the weight and equity of the decisions
that must be made oftentimes carries quite a heavy burden. One thing that must be recognized is that the decisions made profoundly affect human lives, families, future, economics, and opportunities for all affected—sometimes for generations to come. It is painfully clear that important strategies and decisions that might be made by counsel, the court, the accused, and others are impacted by various considerations and affect each person differently depending on many factors which might include: socio-economic status and condition; familial and community support systems; mental health treatment and availability; community impact and involvement; the historical circumstances that many might face in assessing risk levels and behaviors. The existing relationships and support between people and their respective communities, local law enforcement practices and application, and lastly, but certainly not in the least, the heavy impact of political and legislative actions and agendas, affect the entirety of how and whether our system of justice functions effectively with the ability to address the critical concerns of our community.
Throughout our state there are vast differences, depending on where you live, in governmental involvement from a local, county, and state level, regarding many of these issues that must be addressed. These concerns are critical and inherent in our ability to achieve equity and fairness for all impacted. Obviously, budget concerns drive many decisions, some without respect to the economic and social status and/or capabilities of many of those involved. From my vantage point as a member of the judiciary, it has been quite a 35-year rollercoaster ride, and I have had the privilege and opportunity to have a ringside seat in observing intricacies involved in our system of government, as well as witnessing many peaks and highlights—the progress that can be made which brings us all a sense of pride. However, I also recognize the valleys that reach deep, causing great concerns and posing articulable challenges for the future success of our criminal
Judge Brenda Kennedy has long presided over the 403rd District Court. The University of Texas Law School graduate has also worked in both the City Attorney’s and District Attorney’s offices. She is now approaching retirement after 35 years on the bench.
justice system. From a historical standpoint, I never dreamed or really set my ambitions on becoming a judge. After graduation from the University of Texas at Austin, I wanted to pursue a career as a newscaster. After about six months of making coffee in the position of a new hire with dues to pay, I decided I did not want it badly enough to pursue! I then set my sights on law school, considering a career in civil rights. Upon entry to the UT School of Law and participation in various internships, I thought I would either pursue a career in oil and gas law, which I embraced and understood somehow, or, on the opposite end of the legal spectrum, in criminal continued on page 8