NCJ Number
165443
Journal
Judicature Volume: 80 Issue: 2 Dated: (September-October 1996) Pages: 73-83
Editor(s)
D Richert
Date Published
1996
Length
11 pages
Annotation
A panel of judges and other criminal justice professionals discuss issues related to judicial independence, such as judicial elections, life tenure, and the criticism of judges by other public officials.
Abstract
The panel consisted of a Federal judge, a State legislator, a lay member of a judicial qualifications commission, a forensic psychiatrist, a reporter for the ABA Journal, an attorney who is a former elected State trial judge, and an attorney who is a former Federal judge. There was general agreement among panel members that judicial independence means that judges should make their decisions based on their view of the application of the law in the case at issue, without reference to public opinion or other influences that would compromise a judge's best legal judgment. Panel members support life tenure for Federal judges, and some support it for State judges, but one panel member argues that State judges should be elected, since they do not deal with issues related to Federal law and the U.S. Constitution. Regarding judicial elections, some panel members argue that this structure for selecting judges influences them to respond more to public opinion and the opinions of influential, monied people in making judicial decisions. Other panel members argue that it makes judges accountable without necessarily undermining their independence, since they are still free to render their decisions independently. Regarding criticism of judicial decisions and judges by public officials, most panel members support the right of public officials to express their views in this regard, but judges should resist being influenced by such criticism.