Summary of State and Local Justice Initiatives 2000

JUDICIARY: Independence, Selection, Compensation, Tenure

The judiciary was established as a co-equal branch of government to give the courts and individual judges the power and authority to rule against either of the other government branches without fear of reprisal. Recent attempts to undermine the courts’ independence have been of particular concern to the American Bar Association, state and local bar associations, and judges and lawyers across the nation. The ABA has produced a 10 minute video, "Response to Judicial Criticism," advising bar associations to respond to unwarranted criticism. The video, narrated by William S. Sessions, former director of the Federal Bureau of Investigation, tells viewers that judges should be defended when the criticism is unwarranted or unjust or when the criticism may have an adverse impact on the administration of justice.

The selection of judges is handled differently in each state. Current selection methods include legislative appointment, executive appointment by the governor, nonpartisan election, partisan election and merit selection which generally involves a nomination commission making recommendations to an elected official (usually the governor).

The Virginia Bar Association Judiciary Committee takes an active role in matters of interest to the judiciary in Virginia, particularly in the area of law reform. The Association and the Committee have supported, and continue to support, merit selection of judges, interlocutory appeals, and other legislative proposals. The Committee has developed a highly regarded set of criteria for judicial selection as well as a process by which public criticism of the judiciary may be addressed.

The report of the Connecticut Bar Association’s Task Force on Judicial Independence, approved by the CBA’s House of Delegates, recommended the establishment of a formal program to monitor, evaluate and respond to, if warranted, criticism of judges and the judicial system. It also calls for the CBA to educate the media and the public about the role of judges.

Rhode Island monitors the qualifications of its judges through evaluations by jurors, lawyers, witnesses and litigants. The Rhode Island Committee on Judicial Independence has taken on the additional challenge of examining issues of public trust and confidence in the legal system.

Further information may be obtained from the ABA’s Standing Committee on Judicial Independence, 312/988-5105, the American Judicature Society, 312/558-6900 and the ABA Office of Justice Initiatives Fact Sheets found at www.abanet.org/justice.

The plain-language Roadmaps, "Judicial Selection" and "Independence of the Judiciary" provide valuable information and specific examples of projects and programs focused on these issues. Roadmaps are available through the ABA Office of Justice Initiatives, 312/988-6138, justice@abanet.org.