Frequently asked questions  

What do we mean by judicial independence?
Simply stated, an independent judge is free to, and does in fact, render decisions based solely on the law and the facts of each case, without bowing to popular, political, or other extraneous pressures.

How is AJS helping to promote judicial independence?
In 1997, the American Judicature Society’s established the Center for Judicial Independence in response to an increase in unfair criticism and efforts to remove from the bench judges who have issued unpopular rulings. And, because of increasing attacks on independence, in 2004 the Society established the Task Force on Judicial Independence and Accountability.

What are the goals of the Center for Judicial Independence?

• To focus attention on the proper role of the judiciary in relation to the legislative and executive branches and respond to misleading or politically-motivated attacks on the judiciary.
• To develop educational programs and materials that emphasize the importance of an independent judiciary.
• To develop a public constituency to communicate concerns about the state of judicial independence to the other branches of government and to the public.
• To conduct applied research and produce publications to further understanding of the threats to and opportunities for strengthening the independence of the judiciary.

What does the Task Force do?
The AJS Task Force on Judicial Independence and Accountability has three goals: (1) to monitor developments bearing on judicial independence and accountability at the federal and state levels; (2) to respond to unwarranted attacks on the judiciary and to highly visible situations demonstrating a failure of judicial accountability; and (3) to sponsor programs and educate the public on the relevant issues. Members of the task force presented a program at the 2004 AJS annual meeting. An edited transcript appears in the November-December 2004 issue of Judicature. The Task Force is comprised of current and former members of the Society board of directors.

How are judges held accountable?
State judges are responsible for complying with the provisions of the Code of Judicial Conduct. Each state has a commission that can investigate breaches of conduct and impose sanctions for violations. There is also a code for federal judges and the federal judiciary has a mechanism for dealing with violations.
Other ways in which judges can be held accountable include facing the voters in a contested or uncontested (retention) election or being required to participate in a judicial performance evaluation program. The judicial branch as a whole is accountable to the legislature or local funding body for wise use of appropriations.
And finally, judicial decisions are subject to review by a higher court

What is the role of the judicial branch of government? How does it differ from the other branches?

The judiciary is co-equal with the legislative and executive branches of government, but has separate functions. It interprets laws passed by Congress or state legislatures. It is the nonmajoritarian branch of government that relies on law and facts in a case, not popular will.