IMPORTANCE OF JUDICIAL INDEPENDENCE FAIR COURTS Judge Barbara A. Kronlund Superior Court, San Joaquin County Rev. 8/15/16

The Three Branches of Government EXECUTIVE LEGISLATIVE JUDICIAL President Congress Federal Courts •Senate •House of Representatives Governor Legislature State Courts •Senate •Assembly FEDERAL GOVERNMENT CALIFORNIA GOVERNMENT

Separation of Powers Each branch of government is coequal. Governmental powers are separated among the three branches. No branch can exercise authority granted to one of the other branches. Checks and balances maintain the separation of powers.

Checks and Balances – Enactment of Laws Congress enacts laws. The President can veto laws enacted by Congress. The Courts can strike down laws that conflict with the Constitution.

Concerns of the Framers Individual rights should be protected from governmental interference. Rule of law governs. Disputes are resolved peacefully to ensure an orderly society.

THE THIRD BRANCH THE JUDICIARY

Role of the Courts Interpret the U.S. and CA. Constitutions Apply the law enacted by the Legislative Branch Courts do not make laws (Except rules of court) Apply the laws without being influenced by public opinion or politics.

Role of the Courts Courts interpret laws. Statutory interpretation must be consistent with the intent of the Legislative Branch. Fundamental duty = be “faithful to the law regardless of partisan interest, public clamor, or fear of criticism”. Code of Judicial Ethics, Canon 3B(2).

Superior Court Judges Selection - Elected / Appointed by the Governor Term – 6 years- sworn to uphold the Constitution of the U.S. and Constitution of the State of California Removal Commission on Judicial Performance Elections Recall election

What Judges do Decide who gets the kids Decide who goes to jail Decide who gets protective order and who is restrained by order

Decide disputes between civil litigants What judges do…. Decide disputes between civil litigants Get awakened in the middle of the night to review search and arrest warrants to keep their communities safe

Judges generally get blamed by the losing side Judges Rule Judges make decisions. One side is the prevailing party and the other is not- that side is not happy Judges generally get blamed by the losing side

1934- Germany All judges were made Nazi party members and DID NOT follow the constitution but followed Hitler. OATH taken Judges were an instrument of the Executive Branch and not independent of the Executive and Legislative Branches

Judges became partisan. Nazi Germany… Result= All individuals’ rights and liberties were gone. No recourse to the courts to challenge government’s actions. Judges were one and the same with the other Branches. Judges became partisan.

TO PROTECT INDIVIDUALS NO INSTITUTION LEFT TO PROTECT INDIVIDUALS

Recall Efforts Threaten Independence of the Judiciary with Extortion Tactics Sacramento judge upheld constitutionality of two legislative proposals (2005 re: same-sex rights) Special interest group mounted recall campaign within 24 hours of decision

Sacramento Recall… Stated purpose: Clear message to reviewing court that they would face recall too for upholding decision. Stated if decision reversed, recall effort would end.

Recall effort against Orange County Judge- 2015 Judge sentences 20-year old child molester to 10 years prison instead of the minimum 25-Life sentence, finding it would be cruel and unusual punishment DA appealed

Orange Co. Recall… Recall effort based on the one sentence Judge served 15 years; gang-murder prosecutor before bench

Proponents fail to secure enough signatures to get recall on ballot Recall effort fails Proponents fail to secure enough signatures to get recall on ballot = Judge Wins

Recall Effort against Santa Clara County Judge Santa Clara Co. judge sentences Stanford freshman on sexual assault to 6 months in jail, following Probation Officer’s report and recommendation Stanford Law professor, “friend of Victim”, initiates recall effort based on the sentencing decision

Santa Clara recall efforts 2/3 of Stanford Law School’s graduating class ask professor to end recall effort- due to its threat to judicial independence 46 prominent law professors write letter opposing recall due to its threat to judicial independence Judge on bench 12 years and previously sex crime prosecutor

Other threats to Judicial Independence-”JAIL 4 Judges The Judicial Accountability Initiative Law Across Country- 3 times failed to get signatures for California ballot 2006- Got on South Dakota ballot and failed Proposed initiatives strip judges of immunity Efforts failed

Judges tried by a tribunal acting as “judge and jury” JAIL 4 Judges Judges tried by a tribunal acting as “judge and jury” Judges subject to criminal charges (prison) and civil damages

Current Protections in Place Litigants have appeal rights- if judge erred= gets corrected Commission on Judicial Performance review for misconduct on or off the bench = discipline/removal possible

Code of Judicial Ethics Restricts Judges’ Activities 1. No involvement in partisan political activities. (not = legislators) 2. No public comment on issues unrelated to administration of justice.

Ethical Restraints Continued 3. Restrictions on acceptance of gifts. Why? “A gift doth blind the eyes of the wise”. 4. Public disclosure of financial affairs annually. Fair Political Practice Commission governs. 5. Recusal required where perception of partiality, subject to review.

Judges are Prohibited From Responding to Criticism Code of Ethics limits judicial response Education needed for community and media Must rely on help from community to resist baseless recall efforts directed at judges Support for independent judiciary, for ALL our sakes

THANK YOU!!!