FAIR COURTS = JUSTICE

CELEBRATING THE 800TH ANNIVERSARY OF MAGNA CARTA

http://ivp.nawj.org/

Educated and Informed

Objectives of Informed Voters Project

• Increase awareness of the role of judges and the judicial branch;

• Identify the characteristics of a fair and impartial judiciary;

• Recognize the methods of selecting and retaining judges;

• Analyze issues which impact fair and impartial courts;• Apply critical thinking and reasoned decision-making to

draw conclusions.

Warm Up Exercise

What qualities or characteristics are most important to you?

When you walk into the courtroom and face the judge..

Characteristics of JudgesWhat characteristics are most important to you?

• Knowledge of the law • Impartial/Unbiased• Fair minded• Attentive• Respectful/Understanding• Honesty/Integrity• Neutral• Professional demeanor

What else would you add?

Characteristics of Judges from a Historical Perspective

• Historical documents as far back as Magna Carta, authored in 1215, outlined the desired qualities of judges.

• Among these were:– Knowledge of “domestic law”– Loyalty to the rule of law

“We will appoint as justices…only such as know the law of

the realm and mean to observe it well.” Clause 45,

Magna Carta

The Barons vs. King John

The nobles, called feudal barons, confronted King John of England on the field of Runnymede on June 15, 1215. He was an unpopular king who abused his power and oppressed his subjects.

The grievances against King John included taxation, religious freedom, military campaigns, property rights, unfair fines/punishments, and access to courts, among others.

“King John entered the meadow as a ruler acknowledging no secular superior, whose word was law. He left the meadow as a ruler who had acknowledged, in the most solemn manner imaginable, that there were some things even he could not do…”

Asserted the right of due process of law.

Established a basis for the idea of a higher law.

Protected rights of the individual from the arbitrary actions of government.

Began the process of limiting the powers of government and leaders.

Rule of

Law

Magna Carta and Law Week

Impact of Magna Carta

1. Separation of powers

2. The birth of the judiciary as a separate arm of the constitution of England;

3. The independence of the judiciary;

4. The incorruptibility of the judiciary; and

5. The development of common law

Prior to the American Revolution….

Historical concerns over judicial selection

Judges selected by the King.

Colonists outlined complaints in the Declaration of Independence citing how the King abused power and controlled the judiciary.

ColonialEra“He (King George III)

has made Judges dependent on his Will alone for the tenure of their offices, and the

amount and payment of their salaries.”

Interprets and applies the law

What if one entity was able to…

…enforce the law …and interpret and apply the law

…make the law

Judicial Branch

What does the judicial branch do?

The role of the judicial branch is to resolve disputes through a legal process, interpret and apply the law, and determine if a law is unconstitutional.

How are judges different from other elected officials?

Legislators make decisions based on the needs/desires of their constituents or voters, their own beliefs, or their political party’s agenda.

Judges must follow the lawand shouldnot be influenced by politics, special interest groups, money, public opinion or their own personal beliefs.

They should be fair and impartial.

“A  Judge is bound to decide each case fairly, in accord with the relevant facts and applicable law, even when the decision is not the one the home crowd wants.”-- William H. Rehnquist,

Chief Justice 1986-2005

“The founders realized that there has to be some place where being right is more important than being popular or powerful, and where fairness trumps strength. And in our country that place is supposed to be the courtroom.”-- Sandra Day O’Connor,

Supreme Court Justice, 1981-2006

States utilize one of three models

• Elections– Either Partisan or

Nonpartisan

• Appointments– Different models in different

states

State constitutions or statutes set methods for selecting state judges

Hybrid models – Merit Selection and RetentionUsing Nominating Commissions to review candidates, followed by appointment and retention elections

A Matter of Judicial Merit

What is Merit Selection?

• A thorough review process for selecting judges based on their qualifications = based on merit.

• States have different models to select the judges but generally there may be a panel of members to screen candidates and select ones to recommend to the Governor based on the merit of the applicants.

• Then, generally the Governor selects one of the applicants for appointment.

What is Merit Retention?

• Process for voters to decide if a judge should remain in office after they have been appointed through the merit selection process.

• Each judge has previously

been evaluated and vetted through the merit selection process.

Selection and Retention Based on Merit

The merit selection and retention process was designed to improve the quality of judges and reduce outside influences on the judiciary.

Political pressures Personal opinionsPopular opinionsCorruption Other influences

Once selected, how are judges accountable?

Oath of Office – sworn to support, protect and defend the US Constitution and state constitution

The Appellate Process – judicial decisions can be appealed to a higher court for review (appellate review)

Judges must follow the Constitution (US and State), statutes/sentencing guidelines, case law (precedent), rules (court and procedural)

Once selected, how are judges accountable?

• Each state has different ways of evaluating and reporting judicial performance/conduct.

• States have their own Codes of Judicial Conduct or ethical standards for judges. See your own state guidelines.

• Reports of misconduct can be directed to state disciplinary boards for investigation. Judges can be disciplined (from reprimands to

removal from bench) for violations of Code of Conduct depending on state.

• Nonpartisan Elections and Merit Selection and Retention • Impeachment under state law

What do you think? What factors should NOT

influence the judge’s decision in your case?❌Public opinion about the issue

❌Political demands ❌Your political party affiliation❌The position of special interest

groups on the issue❌Media reports❌Personal perspectives or

affiliations of the judge

❌Money or contributions

When you walk into the courtroom and face the judge

Current Issues Impacting State Courts

What issues impact fair and impartial state courts?

STATE OF THE JUDICIARY

“I am anxious about the state of the judiciary in America. What worries me is the manner in which politically motivated interest groups are attempting to interfere with justice.”

- Sandra Day O’Connor

What issues may impact fair and impartial courts today?

• Infusion of special interest money into judicial elections• Pressure on judicial candidates to take positions on

issues or promise specific rulings• Reduction of state court funding • Political attempts to influence judicial selection

processes• Labeling of judges • Threats of removal of judges from office or impeachment

for decisions in controversial cases

• What other issues?

Judicial Independence

OR Judicial Activism

Fair and impartial

OR Conservative/Liberal

Interpreting the law (determining

what a statute means or says)

OR Legislating from the Bench/Judge

–made law

THE DANGER OF LABELS

So, in the end, what kind of judges do you want?

What can you do?

https://www.facebook.com/informedvotersproject

Resources and Handouts

Special Thanks To:

The Florida Bar

Benchmarks, a special public education program of The Florida Bar Constitutional Judiciary Committee

Justice Barbara Pariente, Florida Supreme Court

The Florida Law Related Education Association, Inc.

Hall+Media Strategies, Inc.