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

2. 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

3. 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.

4. 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.

5. 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.

6. THE THIRD BRANCH
THE JUDICIARY

7. 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.

8. 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).

9. 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

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

11. 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

12. 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

13. 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

14. 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.

15. TO PROTECT INDIVIDUALS
NO INSTITUTION LEFT
TO PROTECT INDIVIDUALS

16. 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

17. 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.

18. 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

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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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.

27. 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.

28. 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

29. THANK YOU!!!