Independence of the Judiciary Solving the Problem: Educating the Public Judges Are Different 1. Unlike other public officials, judges have no constituencies. 2. They make decisions based on the applicable law and facts of each case, not on popular opinion or political pressures. 3. In The Summons, a bestseller by John Grisham, one of the characters, a judge, says "A judge who counts votes before the trial should burn his robe and run for the county line." 4. We must explain the proper role of judges in our society and remind citizens they have a right to a fair and impartial judiciary. A Call to Action for States with Judicial Elections 5. Lawyers can't solve this problem alone. Lawyers, bar associations, civic groups, and the public at large have to work together. 6. A Resource Kit, "Ensuring Judicial Independence in the 21st Century," is available on the website of the ABA Standing Committee on Judicial Independence. Among the possible programs and action steps included in the Resource Kit are: Promote a system of public awareness for the importance of an impartial judiciary. Tennessee serves as a model program. Establish a program to defend the judiciary from unwarranted or misleading public criticism. The ABA Standing Committee on Judicial Independence has a model program on how to respond to unfair criticism that has been adopted by over half of state bar associations nationwide. Distribute a "judicial campaign" card for voters, a card in the style of a bookmark with concise information. Create a judicial campaign oversight committee to monitor the tone and tactics of judicial campaigns and ensure adherence to high standards of campaign conduct. Develop outreach programs on the importance of judicial independence. Model programs are available from the ABA. Participate in the Judges Network, an Internet-based information site on outreach programs. Partner with civic organizations to sponsor discussion forums on justice system issues. A copy of " . . . And Justice for All: Ensuring Public Trust and Confidence in the Justice System" explains how to organize such a forum. Copies are available from the ABA and on the ABA website. Establish a Citizens Conference. See the 2003 Law Day Planning Guide for guidelines based on a model program in Oregon. Work with The Constitution Project and local League of Women Voters chapters to promote the Higher Ground Standards of Conduct for Judicial Candidates. Copies of the standards are available on the website of The Constitution Project. Conclusion 7. The trend in judicial campaigns is alarming: The negativity that has dominated the campaigns for the legislative and executive offices is emerging in judicial campaigns. We must be on guard against the perception of impropriety in the judiciary as more money is spent on judicial campaigns. 8. We can continue to support merit selection of judges. 9. For states that continue to elect appellate judges, the ABA recommends public financing of judicial campaigns. In 2002, North Carolina has become the first state to adopt a voluntary system of full public financing for appellate and supreme court elections, and bills have been introduced in a number of state legislatures across the country as part of this effort to improve state judicial selection. 10. The ABA has also recommended that "judicial eligibility commissions" be formed to place more importance on professional qualifications in appointive or elective systems. 11. We need to educate voters during the campaign while at the same time minimizing the influence of money in judicial campaigns. Voter guides are a proven means of educating voters about their choices in judicial elections while improving voter participation. 12. We need to discourage certain kinds of campaign conduct such as "attack ads" that unfairly criticize judges and undermine the public's confidence in the judiciary. 13. We must encourage special interests, political parties, and candidates to reduce their inflammatory rhetoric in judicial campaigns regardless of their free speech rights, because such rhetoric threatens public confidence in the judiciary. 14. We must educate the public to never lose sight of the foundation upon which American society is built—the rule of law. 15. The price of remaining silent is too steep a price to pay—it could amount to the loss of confidence in our judiciary. Discussion Questions 1. How can we explain to the public that judges are different? What kinds of educational/public programs might succeed in reaching a large number of voters? What has been tried in this jurisdiction? Has it been effective? 2. What are the pros and cons of public financing of campaigns? Is it particularly important that judicial campaigns be publicly funding? Why or why not? 3. Widespread perceptions of a two-tiered system of justice are alarming. What can we do to reverse them, so that people once again believe that justice is blind and that cases are determined by the facts, not by the wealth and power of the people involved? Speech Ideas/Talking Points Home | Independence of the Judiciary Home Tips on Volunteering Home