Threats to Judicial Independence

I know we are all outraged at the periodic attacks on the integrity of the judiciary that occur when a judge makes a decision contrary to popular opinion. These attacks have become particularly loud when a judge makes a decision affecting legislative or executive actions, thus, the label "judicial activism."

Spurred by these attacks and other events, the American Judicature Society recently established a Center for Judicial Independence. It is the charge of the Center to promote understanding of the critical need to have a judicial branch that is free to apply the Constitution and the law, regardless of political and even popular pressure to do otherwise.

Such pressure has ranged from threats to impeach federal judges who make unpopular rulings, to voting state court judges out of office, to denial of necessary adjustments in judicial compensation, to punitive cuts in the budgets of the federal and state judiciary. Such pressure also involves the President's failure to make nominations for vacancies on the federal bench and the Senate's failure to act on the nominations that it receives.

The number of unfilled vacancies has placed an impossible workload pressure on sitting judges and on those who have taken senior status. Another lesser-known part of the threats to judicial independence involves intrusive questions of nominees by both of the other branches on such private matters as to how a judicial nominee voted in past referenda in their home state or how a judicial candidate would have voted on decisions already made.

AJS's long-term reason for developing the Center for Judicial Independence is to help Americans understand the importance of judicial independence to our way of life. We will communicate with AJS members, the public, and elected officials on central issues which affect the independence of the judiciary.

We urge citizens to write their senators and representatives, as well as to committee chairs, ranking minority members, and the President to express concern with these continued threats to judicial independence. We would appreciate a copy of such letters or a note with ideas on ways to handle this problem.

A united citizenry that fights for judicial independence will have a strong impact! Thank you for your support in this matter!