Ensuring Judicial Independence
Response to Criticism of the Judiciary
Model Programs
Bar associations often find themselves called upon or compelled to defend the judiciary from unwarranted or misleading public criticism. The ABA Judicial Division Lawyers Conference and Standing Committee on Judicial Independence have developed a model program on response to unwarranted criticism of judges. This program includes a brochure and videotape designed to assist bar associations in establishing "rapid response teams" that can issue effective public statements when the judiciary has been subject to unfair or misleading criticism. A recent national survey of state and local bars indicated that more than half of them have successfully implemented a response to criticism program based on the ABA model. The ABA is in the process of updating the model program; your suggestions for improvements are most welcome.
Ohio provides one recent example of a successful state bar response to attacks on the integrity of the judiciary. During the 2000 campaign for two seats on the Ohio Supreme Court, the state saw a dramatic increase in negative advertising. In response to a series of advertisements suggesting that "justice is for sale" in Ohio, State Bar President Reginald Jackson held a news conference to discuss the damage that can be done to the public’s perception of an impartial judiciary by negative advertising in judicial campaigns. Jackson highlighted the vulnerability of the judiciary to such criticism and called on the bar and the public to protect the impartiality of the judiciary by rejecting politically motivated attempts to influence judicial elections and judicial decisions.
Additional Resources:
Visit www.abanet.org/jd/model.html for more information on the ABA model response to criticism program.
Visit www.ohiobar.org for more information on the Ohio State Bar Association’s response to negative advertising in judicial elections.
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 May 2002.