Let’s Split the Baby

By Jedidiah McKeehan

I have had the opportunity to practice law in a number of different counties and courtrooms. Because of that, I have probably been in front of more judges than most lawyers and in my opinion, almost all are trying to do a good job.

Sometimes judges are presented with a case that is a close call. I do not envy the judges in those instances. What they decide may determine the rest of someone’s life. In those instances, the judges may try to come down somewhere in the middle.

In those instances, the judge may say something to lighten the mood like, “Let’s split the baby on this one,” before issuing their ruling that comes down somewhere in the middle between what both parties are requesting happen.

When the judge says, “Let’s split the baby,” what are they meaning? What are they referencing? Are they about to cut a child in half?

This phrase comes from the Bible and the story of when two mothers came before King Solomon claiming that a child belonged to each them. King Solomon, in his wisdom, said that they would decide the matter by cutting the baby in two and giving one-half to each mother. The woman who was the actual mother cried out asking the King to give the child to the other woman instead of killing the baby this way, while the pretend mother did nothing to stop King Solomon’s decision. After watching their reactions, King Solomon gave the child to the actual mother.

Now that you know where this phrase comes from, you will understand what a judge is referencing if they say something like this. However, whenever I hear a judge say this, I inwardly smile, because thankfully, in the Bible, the baby did not actually get split in two.

Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties.  He works in many areas, including family law, criminal, and personal injury. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.