Defending Justice

A joint production of the ABA Journal and the ABA Standing Committee on the American Judicial System

July 5, 2018

The rise of dark money is a threat to judicial independence

Elected judges and judicial independence have always been an awkward fit. “Politicians are expected to be appropriately responsive to the preferences of their supporters,” as U.S. Supreme Court Chief Justice John Roberts has observed. By contrast, judges “must ‘observe the utmost fairness,’ striving to be ‘perfectly and completely independent.’”…

June 28, 2018

Trump’s attacks on courts undermine judicial independence

President Donald Trump has a well-published history of criticizing the judicial branch and expressing a lack of confidence in our courts and judges. Under the U.S. Constitution, the judiciary plays an essential role to ensure that our laws are strictly adhered to and that our civil liberties are protected.

President…

June 21, 2018

Educating the community about judicial independence can help preserve it

Community support for independent judiciaries is key to their continued development and existence. However, this support can be a challenge to build, given the political and social diversity of individuals and organizations whose lives are directly impacted by state court decisions. While the legal community has professional knowledge concerning attacks…

June 7, 2018

How one court preserves judicial independence through strong intergovernmental relations

When I meet other judges within the American Bar Association, we invariably start comparing our positions, appointment processes and possible political influences. When I explain that I am an appointed presiding judge of a city court, they frequently ask how our process works and how I avoid being involved in…

May 31, 2018

The organized bar must address attacks on the judiciary

It is a critical time for all citizens, and especially lawyers, to remain vigilant to protect the independence of the judiciary.

In recent years, and in recent days, attacks on the judiciary have increased, while public understanding of the essential role of the judiciary has diminished.…

May 17, 2018

Improving access to justice via technology

“Access to justice” is an interesting phrase. It suggests a right to justice, one that is generally accepted as a fundamental part of American culture and which is recognized in our Constitution’s Bill of Rights. But, in today’s world, access to justice is too often only theoretical.

Consider only…

May 9, 2018

Judges and the administrative state

The term “administrative state,” or the more pejorative term “deep state” are trending concepts that conjure up images of conspiracies and government bureaucrats run amok.

The reality of course is that the vast majority of career government professionals are committed to putting the interests of the American public…

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May 1, 2018

The ABA’s role in protecting judicial independence

The independence of the judiciary is an important pillar in any democracy. But throughout history it has also proven to be a fragile one, and there continue to be many examples of that fragility in the United States and throughout the globe.

In the U.S., the courts’…

April 26, 2018

Judicial independence and accountability in administrative law

The administrative law judiciary, both state and federal, has a greater need to demonstrate its judicial independence than the judicial branch because there have been long-held perceptions by segments of the public, that administrative law adjudicators—who are designated as “ALJs,” “hearing officers,” or “hearing examiners”—are too cozy with the agencies…

April 19, 2018

Fees and fines threaten judicial independence

For more than a decade, state court systems have been chronically underfunded. The ABA’s Task Force on the Preservation of the Justice System has called it “one of the most critical issues facing the legal profession.” But rather than support courts and the justice system through…

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About the Defending Justice series

These thoughtful essays delve into fairness, impartiality, access to justice and adherence to the rule of law. Judges and lawyers reflect on the American judicial system, its status in the world and its willingness to address faults honestly.