Welcome to the 2008 Winter Issue of The Judges' Journal. Members of the Judicial Division can browse any of the articles listed below or click here to download the complete issue. If you are not a member of the Judicial Division, please feel free to read the three complimentary articles below. Individuals interested in viewing archived and completed issues of The Judges' Journal may join the Judicial Division.

Go back to The Judges' Journal homepage

Table of Contents

An Array of Topics for Our Time (complimentary)
By Justice Patricia Timmons-Goodson
The co-chair of the The Judge’s Journal Editorial Board introduces readers to this eclectic issue. Articles address jury selection, child welfare and custody representation, the rule of law in Pakistan and the West Bank and Gaza, the wonders of the ABA Techshow, research into procedural fairness, and the due process implications of codes of judicial conduct.

Building a Better Voir Dire Process (for JD members only)
By Judge Gregory E. Mize and Paula Hannaford-Agor
The Center for Jury Studies of the National Center for State Courts has conducted the first national study of how jury trials are conducted in federal and state trial courts. The authors examine the Center’s findings in the light of the ABA’s principles for jury selection. A comparison of the reality reflected in the study with ABA ideals results in an appeal for bench-bar action plans leading to fairer and more productive voir dire practices.

Using Jury Questions; (Ab)using Jurors (for JD members only)
By Judge Joseph A. Colquitt
Citizens are not responding to the call to serve on juries as freely and enthusiastically as they once did. Partly to blame: the widespread use of overbroad voir dire questionnaires that make private matters public. The author makes eight recommendations for creating effective, efficient, and fair questionnaires that balance litigants’ interests with those of the public.

Humility and Child Autonomy in Child Welfare and Custody Representation of Children (complimentary)
By Ann M. Haralambie
Judges can be reluctant to depart from the traditional idea that attorneys must play the role of guardian ad litem advocating a child’s best interests. However, neurobiology, medicine, and child psychology are creating a new consensus about children’s capacities, and the profession is moving towards giving children greater autonomy in directing legal representation.

In the West Bank and Gaza: Moving Towards (for JD members only)
By Professor Leonard L. Cavise
In the West Bank and Gaza: Moving Towards Nationhood with a Code of Judicial Ethics A specialist in international human rights issues examines the quest of Palestinian judges for a code of judicial ethics. These judges hear cases involving divorce, real estate matters, and business deals—everyday cases arising between Palestinian people. At conferences in the West Bank and Gaza, the judges were determined to adopt guidelines to aid in the rendering of fair decisions—and to strengthen the foundation for nationhood.

The Bell Tolls for the Rule of Law (for JD members only)
By Justice Patricia Timmons-Goodson
In much of the world, businesses and individuals factor the possibility of extortion, bribery, arbitrary expropriation of property, and even the potential loss of liberty as a cost of doing business. Events in Pakistan and experiences at home have inspired a North Carolina Supreme Court justice to reflect upon the critical nature of the rule of law.

Geeks in Paradise (for JD members only)
By Judge Herbert B. Dixon
Judge Dixon was in his element at the ABA Techshow 2008. You may have been too, even if you don’t know much about technology, since the experts were there to help you learn everything you’ve ever needed to know but were afraid to ask about technology for the legal profession.

Social Science Research on "Procedural Justice": What Are the Implications for Judges and Courts? (complimentary)
By John M. Greacen
Judges and lawyers tend to judge the fairness of a proceeding by their perception of the fairness of the outcome. Research shows, however, that litigants care more about fairness of process.

Protecting Due Process: A Fundamental Purpose of the Code of Judicial Conduct (for JD members only)
By Marla N. Greenstein
In a world where many legal systems are viewed as tools of the powerful and elite, the Code of Judicial Conduct stands as a bulwark against erosions of the legitimacy of our courts and our legal system.