By Hon. Sam Griffith, with Hon. Robert Newsom

In 2003 Judge Sam Griffith of the 12th Court of Appeals took advantage of an opportunity to travel to Qujing, China. There he met with local judges to discuss the differences and similarities of the Chinese and American legal systems and enjoyed it so much, he vowed to return. Five years later, Sam did return to Quijing, this time with Judge Robert Newsom, of the 8th District Court, and his wife, Robbie. Here's just a little bit of their experience.

2003 – Sam's Trip
Qujing, in western Yunnan Province, in southwestern China, is what the Chinese regard as a small city, having a population of well over a million people. My visit was a great introduction to the Chinese legal system. The new Qujing courthouse was stunning. In the huge entrance hall was a statue of a blindfolded Lady Justice holding her Scales of Justice and a number of massive, ten-to-twelve feet tall, bas-relief representations of the recognized sources of Chinese law. Although the bas-relief of the English judge with his curly wig was interesting, most intriguing was the bas-relief of a Chinese scholar, writing with a brush at a low portable table while behind him stood a Chinese soldier, AK-47 machine gun at the ready. Evidently, this portrayal of indigenous Chinese legal influence represented the fusion of Chinese Confucianism with Chinese Communism.

My interpreter in Qujing was Professor Liangyun Zhou, who used the western name “Henry.” Henry was a law professor at Yunnan Normal University in Kunming, as well as serving as an administrative law judge and being a lawyer. I also had a woman translator. She generally did an excellent job, with Henry filling in when the topic was more law related and the legal concepts less clear to her. But there was one phrase that brought my presentation to a complete halt as Henry, the woman interpreter, and various other Chinese officials who could speak English discussed and tried to grasp—and thus, translate—a most intriguing, confusing term. I had begun my presentation of the American legal system by quoting the Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain inalienable rights, that among these are life, liberty and the pursuit of happiness.” It was not the phrase “endowed by their creator,” which I explained meant “given to us by God our creator” that confused the interpreters. It was not “inalienable rights.” It was the concept of the “pursuit of happiness.”

My presentation stopped for several minutes as the interpreters discussed what it meant and I tried to explain the concept. Finally, I just continued my presentation, the “pursuit of happiness” just a chimera—a creation of the imagination; an impossible and foolish fancy—in the minds of my audience. After the three-hour long session, as we were in the car leaving the conference building, my interpreter turned in her seat, looked me in the eye, and said earnestly, in slow, halting English, “I think I would like that ‘pursuit of happiness.’” I assured her that she would.

I stayed in contact with Henry, and introduced him to the American legal system when he studied at the University of Texas at Tyler, during the 2004-05 academic year. Henry invited me back to China to teach at Yunnan Normal University School of Law. I accepted but was unable to return to China as

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soon as I envisioned. In September 2006, I attended the Judicial Conference in Houston with intent to find a judge interested in teaching law in China. While we were both registering, I met Robert Newsom, the judge of the Eighth District Court, which sits in Hopkins, Franklin, Rains, and Delta Counties. Within about five minutes, I invited him to join me in China. We discussed the trip that evening during dinner with his wife, Robbie, a registered nurse. We were unable to go to China in 2007 due to conflicts:  Robert went on a mission trip to the Philippines and I went on my second mission trip to Sudan and Uganda. But we determined we would go in 2008.

2008 – Sam and Robert's Trip
A week before our departure on April 18, 2008, Henry informed us that the new dean at Yunnan Normal University School of Law had withdrawn our invitation to teach there. But Henry quickly contacted his former professor Dr. Yundong Chen, who was now Dean of Yunnan University School of Law. Dr. Chen immediately and graciously invited us to present a series of lectures about the American legal system to the graduate law students at his law school in Kunming, China. Our lectures were held in a large lecture hall at Yunnan University School of Law, with the idea that we would speak for an hour and a half; then answer questions for another hour and a half. Dr. Chen welcomed us, gave Robert and me beautifully framed certificates of appreciation, and introduced Henry to the assembled students. Henry sat in the audience listening to our presentation. The assemblage of eighty Chinese graduate law students had great fluency in English, but if Henry perceived that our presentation was too convoluted for them, he would rise and quietly wait until we saw him; then we would pause as Henry explained what we had just said, translating it into Chinese.

L to R: Judge Robert Newsom, Judge Sam Griffith, and Professor Liang Yun Zhou ("Henry")

Our first lecture began with a short video narrated by former United States Supreme Court Associate Justice Sandra Day O’Connor about the Texas legal system. Then Robert introduced his prepared PowerPoint presentation about the Texas and United States legal systems, demonstrating the hierarchy of courts and their jurisdictions. Robert and I shared the stage, discussing together the various topics, each seamlessly interjecting comments or adding insights as appropriate, each deferring to the other as we expounded on our topics.

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