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Judicial Independence
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NCSC Documents  Recent NCSC reports and publications and NCSC seminal works. Also includes Trends articles, Court Executive Development Programs (CEDP) papers, Court Technology Conference Presentations, Justice System Journal articles and NACM Achievement Awards.

Digital Archive  Works on judicial administration accumulated since NCSC's inception in 1971 that have been digitized to preserve their historic value.

NCSC Speakers Bureau   The NCSC Speakers Bureau provides a set of tools to help judges and court professionals educate their communities about the role of courts in society.  This site includes prepared speeches on a variety of court-related topics, talking points, and other materials that can be downloaded and modified to fit your court’s needs.  The site is restricted to court personnel and requires registration.

Judicial InfoCenter  Additional CourTopics modules related to this topic.

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General

Mason, Sir Anthony. "The Appointment and Removal of Judges ." Fragile Bastion Authored by the former Chief Justice for Australia,  this article discusses judicial independence and alternative approaches to judicial appointment, considering the impact of these alternatives on judicial independence and accountability.

The Higher Ground: Standards of Conduct for Judicial Candidates. The Constitution Project.  This report is a public education program to inform voter when standards judicial candidates should follow in their election campaigns.

Pryor, William H., Jr., Honorable. "Judicial Independence and the Lesson of History." Alabama Lawyer (September 2007).  Judge Pryor takes a close look at three instances in American history when judicial independence was under challenge, and discusses the importance of judicial independence today.

Hall, Daniel, Robert Tobin, and Kenneth Pankey "Balancing Judicial Independence and Fiscal Accountability.." Judges` Journal, Volume 43, Number 3, (Summer 2004).  In times of fiscal crisis, the inherent tension among the branches becomes even more pronounced as the executive and legislative branches prune judicial budgets. 

Keith, Linda Camp. "Judicial Independence and Human Rights Protection Around the World." Judicature 85: 195 (January 2002).  This article examines the progress countries have made in adopting international standards of constitutional (or formal) judicial independence from 1976-1996.  The authors also investigate the relationship -- if any -- between the constitutional provisions for judicial independence and the countries' levels of human rights protection.

Fein, Bruce, and Bert Neuborne. "Why Should We Care About Independent and Accountable Judges?." Judicature 84: 58 (September 2000).  This article discusses the importance of judicial independence in the United States.  The authors discuss how federal judges -- despite being popularly elected -- often reflect the will of the public since they are appointed by a popularly-elected President and confirmed by a popularly-elected Senate.  There is also brief discussion about the various types of judicial interpretations.

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Campaign Finance

Sanchez, Samantha. Illinois Supreme Court: Money in Judicial Elections.  (January 2002).  Collection of data on the cost of judicial elections in Illinois, the identity of judicial campaign donors, the amount donors give, and the business interests of major donors, and whether or not major donors have appeared before the Illinois Supreme Court. 

Sanchez, Samantha. Campaign Contributions and the Wisconsin Supreme Court.  (May 2001).  Collection of data on the cost of judicial elections in Wisconsin, the identity of judicial campaign donors, the amount donors give, the business interests of major donors, and whether or not major donors have appeared before the Wisconsin Supreme Court.

Pay to Play: How Big Money Buys Access to the Texas Supreme Court.  (April 2001).  This study uses the court's own contributions and docket data to show that justices are far more likely to accept appeals filed by their top campaign contributors.

Texas Supreme Court Clerk Perks: Big Bucks Batter an Ethical Wall.  (January 2001).  This report attempts to measure the scope of potential conflicts posed by court clerks who get pre-recruited to work at forms with cases pending before the courts.

Checks and Imbalances: How the Texas Supreme Court Raised $11 Million.  (April 2000).  The first in a series of three reports on the Texas Supreme Court, this study analyzes how each justices obtained the money used to win their most recent election.

Payola Justice: How Texas Supreme Court Justices Raise Money from Court Litigants. Texans for Public Justice  (February 1998).  This study concludes that justices continue to take enormous amounts of money from litigants who bring cases before the court.

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Organizations

ABA Standing Committee on Judicial Independence and Election Law. American Bar Association.  This is a web site that chronicles the ABA's effort to protect judicial independence, including judicial campaign conduct policy, an overview of the ethical programs that have arisen during judicial elections, the impact of advertising, and campaign conduct committees.

AJS Center for Judicial Independence. American Judicature Society.  The American Judicature Society created the Center for Judicial Independence in 1997 in response to an increase in unfair criticism and efforts to remove judges who have issued unpopular rulings.  The Center promotes a judiciary that is free to render decisions based solely on the law and the facts of each case, without bowing to popular, political or other extraneous pressures.

Brennan Center for Justice. NYU School of Law .  The Brennan Center helps to educate the public about appropriate measures of judicial accountability and encourages judges to meet those standards.

Courts Initiative . Constitution Project.  Members of the Constitution Project's Courts Initiative have joined together to help ensure that state and federal courts remain independent institutions that dispense justice fairly. 

Justice at Stake. This nationwide, nonpartisan partnership of more than thirty judicial, legal and citizen organizations campaign for fair and impartial courts and include helpful links to what's happening in the state courts. 

The National Institute on Money in State Politics. This Web site tracks political contributions in all 50 states.  The data is easily searchable online.

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Responding to Unwarranted Criticism

Speak to American Values: A Handbook for Winning the Debate for Fair and Impartial Courts. Washington DC: Justice at Stake (2006).  This handbook aims at preparing those in the court community to effectively address judicial independence in a way that will resonate with the American public.

Response to Criticism of Judges. Chicago: American Bar Association (1998).  This model plan charts a course for when a response to judicial criticism should be made by the bar and how to implement the policy and plan.  (KF8775 .R57 1998)

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Judicial Immunity

Report of the Supreme Court of Ohio Joint Task Force on Judicial Liability and Immunity. Joint Task Force on Judicial Liability and Immunity, Supreme Court of Ohio (November 2006).  This report examines the current status of judicial immunity in Ohio, makes recommendations for modifications to existing judicial immunity and includes a chart comparing judicial liability programs among other states.

Dugan, Hannah C. "Judging the Judges: Wisconsin Judicial Commission 2005 Annual Report." Wisconsin Lawyer, 12 (April 2006).  The Wisconsin Judicial Commission addresses judicial conduct that adversely affects public confidence in the judiciary and the administration of justice by applying the Code of Judicial Conduct.  Topics included in this article are information on the commission's membership, the types of cases before the commission, and its financial structure.

Olowofoyeku, Abimbola. Suing Judges: A Study of Judicial Immunity. Clarendon Press (1993).  This book reviews the law relating to the protection of judicial officers in common-law legal systems, and presents a broad view of the ways in which the conceptual, academic and real problems produced by judicial immunities have been approached.  (K2146 .045 1993)

Survey of State Statutes and Current Activities Regarding Judicial Immunity, Indemnification and Insurance. Conference of Chief Justices (January 1985).  This report surveys the membership of the August 1984 Conference of Chief Justices.  The survey investigates such issues as "judicial immunity, state indemnification practices and insurance policy coverage."  

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NCSC Library Material

Carrico, Chief Justice Harry L. "A Call to Arms: The Need to Protect the Independence of the Judiciary." University of Richmond Law Review 38, no. 3: 575 (March 2004).  In his brief speech, former Virginia Chief Justice Carrico discusses his experience with being selected for his judicial office by the Virginia legislature.  (KF8775 A75 A45 2004)

Smolla, Rodney A. "Chief Justice Harry L. Carrico and the Ideal of Judicial Independence." University of Richmond Law Review 38, no. 3: 571 (March 2004).  This brief article is an introduction to the Allen Chair Symposium 2003 issue of the law review which is dedicated to the retired Chief Justice Harry L. Carrico of the Virginia Supreme Court.  This edition of the law review is dedicated to judicial independence.  (KF8775 A75 A45 2004)

Rehnquist, Chief Justice William H. "Judicial Independence." University of Richmond Law Review 38, no. 3: 579 (March 2004).  The late U.S. Supreme Court Chief Justice begins his speech by comparing French historical judicial independence with the American experience.  The remainder of his speech focuses on challenges to the independence of the judiciary citing the impeachment of Judge John Pickering, Justice Samuel Chase, Ex parte McCardle, and President Roosevelt's court "reorganization" plan.  (KF8775 A75 A45 2004)

Starr, Kenneth W. "Legislative Restraint in the Confirmation Process." University of Richmond Law Review 38, no. 3: 597 (March 2004).  The Honorable Starr's remarks focus on why it is unwise for legislators to inquire about judicial opinions concerning divisive issues because it diminishes the public's perception of a judge's impartiality.  (KF8775 A75 A45 2004)

Powell, H. Jefferson. "The Three Independences." University of Richmond Law Review 38, no. 3: 603 (March 2004).  In his address, Powell looks at the three types of judicial independences: independence of position, independence of decision, and independence of thought.  When the courts possess all three forms of independence, then the judiciary is "absolutely independent".  (KF8775 A75 A45 2004)

Burbank, Stephen and Barry Friedman. Judicial Independence at the Crossroads: An Interdisciplinary Approach. Thousand Oaks, CA: Sage Publications (2002).  This collection of essays, based on those presented at the 2001 conference, Judicial Independence at the Crossroads: Developing an Interdisciplinary Research Agenda, delves into the meaning of judicial independence.  The contributors, scholars from many different disciplines, address the subject from various approaches, in an attempt to go beyond political rhetoric and reach a more comprehensive understanding.  (KF8775 .J825 2002)

Bergstrom, Robert. The Continuing Effort to Create Nonpartisan Judiciaries in State Courts. Chicago: American Judicature Society (2001).  This report contains several recommendations to support merit selection of judges as well as historical information about judicial elections and merit selection, especially within Illinois.  (KF8776 .B475 2001)

Gray, Cynthia. Communicating with Voters: Ethics and Judicial Campaign Speech. Chicago: American Judicature Society (2000).  This kit provides all the materials necessary for an educational program for judicial candidates on campaign speech.  This kit also includes a CD and a videocassette that is approximately 15 minutes in length with three scenarios depicting a judge's campaign strategy, attack ad, and the response.  (KF8776 .G65 2000)

Uncertain Justice: Politics and America`s Courts. . New York: Century Foundation Press (2000).  This is a book from the Citizens for Independent Courts' Task Force.  It looks at the federal judicial selection process and its impact on the federal courts.  The book opens with nearly 20 recommendations for executive and legislative branch reviewers on ideology and delay in the federal courts.  (KF8775 .U52 2000)

Summary of Proceedings: Seventh Annual ABA Leadership Forum. Chicago: American Bar Association (1999).  This is a retrospective of the ABA ’s Leadership Forum in 1998.  Included are photos, and a complete transcript of all of the Conference’s key events, which included symposiums, panel discussions, and question and answer periods.  Topics discussed included dealing with the media, legal aid for indigents, and public perception of the legal profession.  (KF8700 .A17 A52 1998)

Bright, Stephen B. "Can Judicial Independence Be Attained in the South?." Georgia State University Law Review 14: 817 (1998).  This is a short piece discussing why the Southern United States has had the most difficulty in creating a system of judicial independence.  A key criteria mentioned throughout the article is the sting of history, how many Southerners have distrusted the Federal Government since the Civil War and also because of its breaking down of racial inequity laws.  The article concludes that judicial independence will only be fully obtained when a merit-based system is used to select judges, instead of the appointment system that exists today.  (KF8775.S96 1998)

Carrington, Paul D., and D. Price Marshall, eds. Judicial Independence and Accountability. Durham, NC: Duke University School of Law (1998).  This is a compendium of some of the problems faced by judicial bodies in terms of interference from government and private industry.  Cases in which these two outside bodies may have had a hand are discussed, along with commentary from judicial professionals about their experiences in dealing with these problems.  Courts from small local courts on up to State Supreme Courts are discussed as having to assert Judicial Independence.  (KF8775 .J83)

Esterling, Kevin M. Judicial Independence, Public Confidence in Courts, and State-Federal Cooperation in the Midwest . Chicago: American Judicature Society (1998).  A research report on the Midwest Regional Conference on State-Federal Judicial Relationships with Survey Findings and Recommendations, this document examines the challenges courts face with maintaining branch independence, the public's confidence, and working with local communities to improve themselves and the public's perspective of the courts.  (KF8719 .E87 1998)

An Independent Judiciary: . American Bar Association Commission on Separation of Powers and Judicial Independence (July 1997).  This report discusses the potential implications of the judiciary losing its individual independence as well as its branch independence.  (KF5130 .A925 1997)

Governance of the Texas Judiciary: Independence and Accountability: Report of the Texas Commission on Judicial Efficiency. Austin, TX: The Commission (1996).  This report covers issues such as funding parity, court performance measures, information technology, staff diversity, and long-term planning.  (KFT1708 .T35 1996)

Dakolias, Maria. The Judicial Sector in Latin America and the Caribbean: Elements of Reform. Washington, DC: World Bank (1996).  (KG495 .D35 1996)

Carter, Stephen L. Is Democracy a Threat to Judicial Independence?. New Haven, CT: Roscoe Pound Foundation, Yale Law School (1994).  This resource was written for the 1993 Forum for State Court Judges.  (KF8775.C38)

Saari, David J. "Separation of Powers, Judicial Impartiality, and Judicial Independence: Primary Goals of Court Management Education." Handbook of Court Administration and Management: 141 (1993).  The author advocates for an increase in education and research on the basics of judicial impartiality, independence and the separation of powers for the general public and court staff, especially court managers.  (KF8732 .H28 1993)

2020 Vision: Symposium on the Future of California`s Courts: Research Papers. San Francisco: The Symposium (1992).  This binder has 8 research papers that analyze the following topics: the future of the Californian courts, families in the court system, independence of the judiciary, financial management, alternative to court structures, future data book, public trust, and sociological trends in the 1990s.  (KFC950 .A75 T94)

Shetreet, Shimon, ed. Judicial Independence: Jerusalem Conference Papers I: General Project Documents. Jerusalem, Israel: Van Leer Jerusalem Foundation (1982).  The International Bar Association has developed a comprehensive code of international minimum standards of judicial independence.  This resource includes the chairman's report, draft standards, revised standards, and overall guidelines.  (K2100 .A55 J4)

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Date Last Modified: 6/29/2009
Creation Date: 2002

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