Independence of the Judiciary What Is Judicial Independence? 1. Judicial independence means that judges can decide cases before them without fear or favor, based on the law and the facts of that particular case. It's a way to provide for fair and impartial courts. Judicial independence does not mean that judges are free to decide cases according to their own whims or prejudices. 2. It means judges have the authority to exercise their constitutional obligation to make hard decisions, unpopular decisions, without concern for retribution, personal or professional. Independent Courts and Democracy 3. Our democracy depends on independent courts where decisions are based on the facts and the rule of law. John Marshall's address to the Virginia Convention of 1830 includes a stern warning about the failure to ensure an independent judiciary: "I have always thought, from my earliest youth till now that the greatest scourge an angry Heaven ever inflicted upon an ungrateful and sinning people, was an ignorant, a corrupt, or a dependent Judiciary." [- Excerpt from: John Marshall, address to the Virginia State Convention of 1829-30. Proceedings and Debates of the Virginia State Convention of 1829-30 at 616 (1830).] 4. An impartial judiciary is a cornerstone of our democracy, one of the guiding principles that sets us apart from other nations of the world. Indeed, when visitors from developing democracies come to the United States, they come to learn about and draw on our judicial system, not our executive or legislative branch models. How Is Judicial Independence Threatened? 5. Interest groups and political parties are pouring millions of dollars into targeted judicial campaigns, using highly negative advertising to influence voters and outspending the judicial candidates themselves (see Judicial Elections Are Becoming More Politicized). 6. The problems go beyond judicial elections: State legislatures cut budgets for the courts while caseloads continue to increase, threatening the institutional independence of courts by placing more pressure on judges to decide more cases with fewer resources. In many jurisdictions, compensation is an issue. There is a growing disparity between private practice and the judiciary. Some beginning lawyers make more than experienced judges do, while judicial salaries fail even to keep pace with inflation. Successful lawyers are reluctant to give up a lucrative law practice to serve on the bench. In most states, women and people of color remain underrepresented on the bench. Minority lawyers continue to experience barriers to being elected or appointed to judicial positions. The lack of diversity fuels mistrust of the courts, as they fail to reflect the communities they serve. Discussion Questions 1. What exactly is judicial independence? One way to understand it is to ask participants when and by what it is jeopardized. Do the following jeopardize judicial independence? Criticism of a judge's decision in a newspaper editorial People picketing in front of the judge's house in protest of a decision A friend approaching a judge at a social gathering and commenting on a case before the judge A friend approaching a judge at a social gathering, urging the judge to decide a pending case in a certain way A corporation that contributed heavily to the judge's campaign is not a party to a suit before the judge, but its biggest client is Certain state legislators, upset by a state supreme court ruling, threaten to cut the budget of the court next year The legislature passes a law saying that courts can no longer review certain laws 2. Legislators have a duty to appropriate money and direct the work of state agencies. Are there ever circumstances where budget decisions might be intended to penalize the courts? How can we determine when this is the case? What can we do about it? 3. How can we attract the best and the brightest to be our judges? How can we increase the number of women and people of color on the bench? Is it an issue of compensation? Workload? Selection methods? Speech Ideas/Talking Points Home | Independence of the Judiciary Home Tips on Volunteering Home