Ensuring Judicial Independence
A message from Alfred P. Carlton, Jr., President, 2002-2003, American Bar Association
Election season is upon us and so begins another spectacular clash of candidates and their battalions of special interest and advocacy groups, all competing for the hearts and minds, but most importantly the votes, of an electorate unable to avoid the ensuing barrage of facts and counter-facts, self-promotion and attacks. Promises will be made, favors cashed in. With or without campaign reform, those who seek office in the constituent-centric executive and legislative branches should never expect anything less than good old-fashioned hardball politics. Winning constituencies is done with bare-knuckled campaigning and money. Lots of money.
But sadly, and yet no longer surprisingly, many of our state and local judges; the keepers of an impartial and incorruptible court system; will be swept up in the melee as well. This is entirely inappropriate because the judge’s role is wholly different. The politician is beholden to the people, but the judge is beholden to the law. Qualities of a good judge reside not in constituent service, but in intellect, character and sound judgment. A judge is valued for a capacity to discern, not on politics or promises.
These are the principles behind judicial independence and the separation of powers. But as judicial campaign budgets increase, public confidence becomes vulnerable. As civility decreases, suspicion increases. The ever-growing influence of money and narrow interest groups on the judicial selection process is a problem.
I have made judicial independence the hallmark of my term as ABA President. This initiative is based on the bar’s historical role supporting judicial independence and my experience as Chair of the ABA Standing Committee on Judicial Independence. I learned from that work that judicial independence is the barometer of the health of our democratic republic and that the real challenges exist in the states. Success depends, as it so often does, on close cooperation and assistance among the ABA, state and local bars.
As leaders of the organized bar, we can help to improve the conduct of judicial elections. We can act as the conscience of the campaigns, the advocates for civility, the watchdogs for violations of the spirit.
This book can help. Please accept it with our offer to help you should the need arise and with the knowledge that you can count on my help.
Alfred P. Carlton, Jr.
ABA President
Raleigh, North Carolina
August 2002
This resource kit contains materials from a variety of sources. Consequently, unless specifically stated, materials do not necessarily represent official policy of the ABA.
Updated September 2002.