Independence of the Judiciary More about Judicial Independence CENTRAL MESSAGE: Judges make the Constitution work for all of us. Our founders designed a constitutional democracy based on a system of checks and balances. You can't have checks and balances without an independent judiciary. The American system of justice is the model for the world Architects of emerging democracies recognize judicial independence as fundamental to a government run under the rule of law. We don't want a system of telephone justice here, as in China and other totalitarian systems, where judges make decisions by first phoning their political bosses. Independent judges protect the American people from politicians and big government States created poll taxes and literacy tests to screen African Americans out of the voting booth. Judges recognized the right of minorities to participate in democracy. Judges were at the forefront of ending segregation. Judges protect individuals from big business and big government Legislators make the law. They should let judges do their job. Judges: Interpret the law; Keep the courts working, decide cases; Explain legal procedures, make procedural rulings; Mediate among parties to settle disputes; and Make fair and impartial decisions, listening to the facts and applying the law, as necessary. Examples Judge Matsch in Denver, who heard the Oklahoma City federal building bombing trial Cook County (IL) Juvenile Court Judge Lynne Kawamoto, confronted with 28 abused and neglected children from one home, used the law to free 22 for adoption and place five in one foster home. The last is being cared for by the state child welfare system. Judge Richard Sirica stood up to a sitting president when he ruled that Richard Nixon's executive privelege did not cloak the Watergate tapes in secrecy. Use local examples of judges who have done their jobs especially well. The system has its own accountability in the right ways Federal judges are nominated by the President and confirmed by the Senate. The American voter has a voice in this process. State judges are selected in various ways, each with its own measure of accountability. Judges can be disciplined, even removed, for illegal or unethical conduct. Litigants who feel they did not get justice at trial can appeal to a higher court. Ultimately, the power over the laws remains with the people. If the American people do not like how a judge or the courts interpret a law, they can bring pressure on the legislature and executive to change the law. This process has worked throughout the history of the United States. Four amendments to the US Constitution and many amendments to State Constitutions were enacted specifically to overturn the effect of court decisions. Decisions and opinions about judges and courts are made without accurate information The judicial process is designed to be fair and impartial, relying on careful development of facts and thoughtful deliberation about the lawsoundbites and filmclips fail to convey accurately the nature of the system misinformation undermines public confidence and support for the justice system sensationalism based on a small number of the 100 million cases each year causes misunderstanding Well informed citizens are essential to informed decision making about the justice system cases can be complicated and confusing trials supervised by fair and impartial judges are our method to develop truth to resolve disputes system has helped make America strong and Americans free for over 200 years Speech Ideas/Talking Points Home | Independence of the Judiciary Home Tips on Volunteering Home