Maintaining judicial independence: a collaborative effort

Judicial independence is an integral part of our justice system – arguably the bedrock of the third branch of government – and it is in peril. It is a non-negotiable tenet of our democracy, but one that the public may not fully appreciate or understand.

As lawyers and judges, we know how critical it is for judges to be free of undue influences or outside interference when making their decisions. Currently, in a political climate riddled with strife, our courts are under the microscope and the public’s perception that judicial independence has been compromised is gaining ground. One need only look to a recent poll conducted by the National Center for State Courts (NCSC) that asked 1,000 registered voters in different geographic areas in the United States about their view of the courts. The poll found that the United States Supreme Court led the steepest decline in confidence in the courts last year. NCSC also spoke to focus groups who saw money, privilege and politics as having a heavy negative influence on the courts and justice. Understandably, the inner workings of the judicial branch are not as familiar to the general public as they are to people working in the legislative and executive branches. Many voters are never parties to lawsuits and their only firsthand knowledge of the courts may be through jury service or traffic courts. Fictional legal dramas do not necessarily make a great case for how crucial an independent judicial branch is to our daily lives and our fundamental rights.

It is incumbent upon us, as legal professionals, to foster a deeper appreciation in our own communities for how the justice system works and why its independence must not be compromised. Colloquially, we all are “influencers” in our own communities. Collectively, we can use our power to educate our friends, family members, and broader communities regarding the urgent attention that should be given to the ideal of judicial independence and its crucial role in a functioning democracy.

The primary election in California is just around the corner. Historically, voters are unaware of how judicial elections work, where to find information on candidates, and why their vote in contested judicial elections is critical. The California Judges Association encourages attorneys to relay just how important and relevant judicial elections are in their own communities, whether it be through outreach and community engagement, in person or online. Attorneys can make great contributions by assisting voters to access information and resources and by answering questions and sharing insights. Such efforts by lawyers, when combined in a collaborative endeavor, where attorneys statewide are committed to this educational and advisory role, can have an even broader impact.

Resources and information on judicial elections, the judicial branch, and judicial independence are readily available – if you know where to look. Together, let’s pledge to direct people to those resources, share our inherent knowledge of the justice system, and continue to advocate for free and impartial courts in California. Together, let’s lead the way in creating a more engaged and informed citizenry.