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Judges and Judiciary,
Government,
Ethics/Professional Responsibility

Jun. 6, 2022

Connecting California to the Courts

To combat misconceptions about our courts and return the public’s trust in the judiciary, it is essential for the entire legal community to come together to educate and engage our communities about the role of judges, the rule of law, and that the third branch of government is the cornerstone of our democracy.

Paul A. Bacigalupo

Judge (ret.), neutral, ADR Services

Over the last few years, a divisive political climate has thrust our courts into the national spotlight. As a judge and co-chair of the statewide California Judges Association’s Judicial Fairness Coalition (JFC), I believe that today, more than ever, there is a need to engage in a discourse about the third branch of government, the role of judges in our system of government, and provide education on the importance of an impartial judiciary. I urge lawyers to join us in this endeavor.

While judges at all levels of the court commit themselves to impartiality and fairness, striving to follow the rule of law, that is not always the public’s perception nor what the media portrays. High-profile cases can generate disparate views on the court’s function and credibility. At the same time, political and personally motivated attacks against individual judges and the courts weaken public confidence in our courts and fuel discontent in our justice system. False narratives add to the confusion and dismay, a frustration fostered in part by the misunderstanding of a judge’s role and how decisions are made.

A 2019 study reveals the extent of the damage to the public’s trust and confidence in our system of justice, finding that only around one-third (37%) of Americans today have confidence in the judiciary and its courts. To combat misconceptions about our courts and return the public’s trust in the judiciary, it is essential for the entire legal community to come together to educate and engage our communities about the role of judges, the rule of law, and that the third branch of government is the cornerstone of our democracy.

While there are many effective civic education initiatives, such as the Power of Democracy, that are undoubtedly helping expand civic literacy, the JFC sends an appeal to lawyers, as ambassadors of the court, to help us in our ongoing efforts. Founded in 2018, the JFC is a statewide coalition of lawyers, active and retired state and federal judges, bar association members, and law school deans and professors. It was established to respond to unfair criticism and false or misleading information about judges, the judiciary and affirm the independence of the courts.

Earlier this spring, through grant funding from the California Lawyers Foundation (CLF), the JFC began a year-long initiative to provide information and resources to heighten public awareness of the importance of impartial courts. We’ve also worked to provide even more fundamental information for voters and lawyers, such as resources illustrating how judges are elected and appointed. We have made this information broadly available to the media, bar associations and other legal organizations throughout the state, and we encourage others to help spread the word by sharing this information via social media or republishing it in whole or in part (it can be found on our website here: https://www.caljudges.org/CommFairness.asp). Particularly, as we prepare for judicial elections throughout California, it is critical that constituents understand the importance of their vote and how it impacts how justice is delivered in our state.

As the JFC continues working towards its mission, we will be looking to attorneys, legal employers, bar associations, and law schools as representatives for their personal and professional communities to share their knowledge and understanding of the third branch. We encourage lawyers to participate in town hall meetings and host presentations with your community, public organizations, and schools to return public confidence in the judiciary. The CLF grant will help the JFC tap social media as an educational tool to promote a better understanding of, and confidence in, the role of judges and the courts in our system of government. But the effectiveness of this campaign requires the partnership of our legal community stakeholders who share a sense of values and the importance of working together to preserve our democracy.

#367761

David Houston


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