Fair Courts = Justice Introduce self and NAWJ Informed Voters, Fair Judges Project.

Objectives Differentiate between judges and other elected officials; Recognize the role of the judicial branch in our governmental structure; Differentiate between judges and other elected officials; Identify the processes for selecting judges, and Recognize present-day challenges facing the judicial branch. Review objectives for the presentation.

Warm Up Exercise When you walk into the courtroom and face the judge… …what qualities or characteristics are most important to you? This version, if properly paced, should take between twenty to thirty minutes to present. It is important not only to impart knowledge but to connect with the audience. So to the extent possible walk around the room and engage with your audience as opposed to standing behind a podium when you present. Begin by asking the audience: No matter what the case, when you walk into the courtroom to face a judge, what qualities or characteristics are most important to you? Receive responses from full audience.

Characteristics of Judges What characteristics are most important to you? Knowledge of the law Impartial/Unbiased Fair minded Attentive Respectful/Understanding Honesty/Integrity Neutral Professional demeanor Then debrief by showing some of the top responses from prior audiences when asked to identify characteristics or considerations the public wants to see in judges.  What new qualities or characteristics were added by this group? (Temperament, etc.) Highlight the qualifications of  judges in your state. Ex:ample Florida: Article V, Section 8 of the Florida Constitution. SECTION 8. Eligibility.—No person shall be eligible for office of justice or judge of any court unless the person is an elector of the state and resides in the territorial jurisdiction of the court. No justice or judge shall serve after attaining the age of seventy years except upon temporary assignment or to complete a term, one-half of which has been served. No person is eligible for the office of justice of the supreme court or judge of a district court of appeal unless the person is, and has been for the preceding ten years, a member of the bar of Florida. No person is eligible for the office of circuit judge unless the person is, and has been for the preceding five years, a member of the bar of Florida. Unless otherwise provided by general law, no person is eligible for the office of county court judge unless the person is, and has been for the preceding five years, a member of the bar of Florida. Unless otherwise provided by general law, a person shall be eligible for election or appointment to the office of county court judge in a county having a population of 40,000 or less if the person is a member in good standing of the bar of Florida. History.—S.J.R. 52-D, 1971; adopted 1972; Am. H.J.R. 37, 1984; adopted 1984 (effective July 1, 1985); Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998. What would you add?

Our Constitutional Structure The Role of the Courts

What does the Constitution do? Start with the basics….what is the Supreme Law of the Land --- the United States Constitution. What is the purpose of the document. What does the Constitution do? (Sets up structure and function of the government; lists some of our rights; and also limits the power of government) Sort of like a rule book for government.

Briefly highlight our system of government including our three branches and corresponding responsibilities. The Framers designed a government with separation of powers and checks and balances. They split the government into different parts to prevent the abuse of power by any one branch. Emphasize the dangers of placing all responsibilities into one branch of government. What if the President or Governor was responsible for making the law and enforcing the law as well as interpreting the law. The James Madison quote is from The Federalist #47.

Total power in one branch of the government What if one entity was able to… …make the law …enforce the law …and interpret and apply the law Total power in one branch of the government If all powers resided in one person or branch, how would this impact our government> Highlight what stops one branch of government from becoming too powerful? Checks and balances and separation of powers.

Prior to the American Revolution…. Before the American Revolution, courts in the colonies were seen as instruments of oppression. Juries could be locked up until they reached the "right" decision. Judges were seen as puppets of the king.

Historical Concerns Over Judicial Selection “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.” Colonial Era Judges selected by the King. Colonists outlined complaints in the Declaration of Independence citing how the King abused power and controlled the judiciary. In fact, the Declaration of Independence criticized King George III for making "judges dependent upon his will alone for the tenure of their offices and the amount and payment of their salaries”. If you didn’t decide a case the way the king wanted then the king would just replace you with someone else who would. Who should judges be accountable to? The LAW. So our Constitution provided for judges at the federal level to be appointed for life terms to insulate them from politics and public opinion.

The Courts The Judicial Branch was not designed to be a political or representative branch. Explain that the executive and legislative branches are the representative and political branches. Why? Highlight influences that may impact their decision making such as voters, political parties, special interests etc. But judges need to decide cases fairly and impartially according to the facts of the law. Background to presenter: Federalist 78 http://www.constitution.org/fed/federa78.htm

Judicial Selection and Accountability The role of judges

The Role of the Judicial Branch Resolve disputes through a legal process; Interpret and apply the law; Determine if a law is unconstitutional; Protect the rights of the people.

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 law and should not be influenced by politics, special interest groups, money, public opinion or their own personal beliefs. How are judges different from other elected officials? Ask the audience for ideas. Differentiate between judges and other elected officials such as legislators.

Why should you care about who the judges are in your community? 95% of all cases in the United States are filed in state courts. 100 MILLION cases coming before nearly 30,000 state court judges each year. From the Brennan Center for Justice: “Approximately 95 percent of all cases in the United States are filed in state courts, with more than 100 million cases coming before nearly 30,000 state court judges each year. State court judges decide cases that touch on virtually every aspect of Americans’ lives, from school funding to the rights of the accused.” https://www.brennancenter.org/rethinking-judicial-selection Brennan Center for Justice

What kinds of issues do judges decide? Judges make important decisions which may directly impact your life including: Decisions that impact your FAMILY like: Child custody Divorce Inheritance disputes Decisions that impact your RIGHTS, your PRIVACY, or your SECURITY. Highlight why the public should care about who the judges are in their communities. Provide examples. Remind the audience of the following points: Courts protect your rights. Courts ensure the rule of law is upheld and that people are treated equally before the law. Judges determine if laws are unconstitutional and decide all types of disputes. As well as decisions which impact your PROPERTY such as: Your home Your business …and much, much more!

Selection of Federal Judges Appointments in the Federal Court System Federal Judges The U. S. Constitution states in Article III that federal judges are to be nominated by the President and confirmed by the Senate. Not elected Serve life appointments Discuss briefly the two parallel court systems in our country (state and federal). Highlight how judges are selected at the federal level and why. See Federalist 78 (Alexander Hamilton) to provide reasons for life time tenure and independence of judges.

State constitutions or statutes set methods for selecting state judges States utilize one of three models: Elections Either Partisan or Nonpartisan Appointments Different models in different states While federal judges receive life appointments, this is not the case for most of our state court judges. Make sure that participants understand now that we are talking about state court judges. Explain basic differences between state and federal courts. Highlight high percentage of cases (and types of cases) that are heard in state courts (over 90%). Refer to state and federal constitutions for information on each. Highlight the three basic models of judicial selection for state level judges in this country. Ask the audience if they know the process that their state uses in selecting judges. Where would they look to find the answer? (State Constitution generally or state statutes) Tip: Best way to learn about state and federal government is to read the state and federal constitutions. Hybrid models – Merit Selection and Retention Using Nominating Commissions to review candidates, followed by appointment and retention elections

Judicial Selection in the United States Map is hyperlinked to http://judicialselectionmap.brennancenter.org/?court=Supreme which includes an interactive map of the on the Brennen Center for Justice’s website. Double check your state.

Once selected, how are judges accountable? Oath of Office – sworn to support, protect and defend the US Constitution and Florida 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), etc. Discuss checks on judicial power and how judges at the state level are accountable in their positions. First judges are sworn to support, protect and defend the US and state Constitutions. Judicial decisions can be appealed to a higher court for review. Emphasize that judges must follow the law (precedent, sentencing guidelines, court rules, etc). Sometimes judges’ decisions on sentencing a person for a crime they committed depends on the laws passed by the legislature as well as what the State Attorney has formally charged a person with. Minimum mandatory sentencing example could be used here.

Once selected, how are judges accountable? Code of Judicial Conduct – states have standards of ethical conduct for judges. Judges can be disciplined (from reprimands to removal from bench) for violations of Code of Conduct. Other means of judicial accountability: Judges must adhere to strict standards of ethical conduct. Misconduct and unethical behavior can lead to disciplinary procedures from reprimands to removal from the bench.

In many states, the public can review disciplinary actions and pending cases against judges who have violated the code of conduct. The public in many states can attend the disciplinary proceedings or watch on-line or on television, depending on your state. Cases pending as of 6/26/17

What issues may impact fair and impartial courts today? Political attempts to influence judicial selection processes Infusion of special interest money into judicial elections Pressure on judicial candidates to take positions on issues or promise specific rulings Threats of removal from office or impeachment for decisions in controversial cases Reduction of state court funding Labeling of judges Historically we have seen the impact of external forces on the judiciary. Tension between the branches has existed throughout history. Mention FDR and court-packing, etc. Highlight briefly some of the issues listed that may be impacting our courts today (and some of this may be occurring in other states). Expand upon the topics listed above and have audience add other issues. Who should judges be accountable to --- politicians and special interest groups or the law and the Constitution. Provide examples in other states. http://www.justiceatstake.org/issues/state_court_issues/ http://www.justiceatstake.org/newsroom/press-releases-16824/?jas__ks_judicial_impeachment_bill_another_unconstitutional_political_attack_on_courts&show=news&newsID=21517

The Dangers of Labels THE DANGER OF LABELS Judicial decision making OR Judicial Activism Fair and impartial OR Conservative/ Liberal   Identify labels sometimes used to describe judges and judicial decisions.  What impact can labels have?  Such labels tend to politicize the judicial branch. Remember the design is not a representative or Interpreting the law (determining what a statute means or says) OR Legislating from the Bench/Judge –made 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 special interests When you walk into the courtroom and face the judge… Now that we have examined the characteristics and accountability of judges, what factors do you think should not influence the judge’s decision in your case? As time permits, this can be a whole group presentation or a small group discussion. Do not advance the presentation beyond the questions until responses have been received. Should outcomes of cases rest upon public opinion polls or political demands, or the media or special interests? What about emotionally charged high profile cases. The factors listed above are some of the most reported. Others may be added.

Visit us online at ivp.nawj.org Contact us: info@ivp.nawj.org The Informed Voters Project: Of the National Association of Women Judges Resource of accurate, nonpartisan judicial information Support system for those seeking to protect fair and impartial courts Platform for the discussion on the importance of judicial independence The Informed Voters Project serves is a nonpartisan civic education campaign led to inform voters on the judicial branch and raise awareness on the importance of fair and impartial courts We serve as a reliable resource of accurate nonpartisan judicial information, a support system for judges seeking to protect fair and impartial courts and a platform for the discussion on the importance of judicial independence. Visit us online at ivp.nawj.org Contact us: info@ivp.nawj.org

Highlight website and Facebook page. Videos and PSAs are also available.

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What can you do? For additional information contact staff@flrea.org Provide concrete examples of how to get involved  to ensure a fair and impartial judiciary. Encourage participants to visit the    website and Facebook page. Share materials and discuss with others. If you hear labels utilized to describe judges or judicial    decisions, utilize reasoning and critical thinking skills to evaluate the source and context of the criticisms. Think critically and educate others about the role of judges in our constitutional system and how judges are different from other elected officials You may want to consider the judge’s legal and judicial experience as well as his or her educational background in making decisions Seek information on the judge’s temperament and judicial demeanor on the bench Determine if the judge has a disciplinary record as a lawyer or judge