<![CDATA[The Indiana Law Journal & The Indiana Law Journal Supplement - Articles - ]]> http://www.indianalawjournal.org en-us N/A admin@indianalawjournal.org Mon, 05 Jan 2009 22:41:20 EST 20 <![CDATA[Building Support for Strong, Fair, and Impartial Courts]]> http://www.indianalawjournal.org/articles/48/1/Building-Support-for-Strong-Fair-and-Impartial-Courts/Page1.html State courts are vulnerable to political pressure. Judges in most states are subject to election and their budgets are subject to approval by the executive and legislative branches. In many states, the courts' constitutional structure and authority can be changed through the referendum and initiative processes.

One hundred years after Roscoe Pound's famous speech, "The Causes of Popular Dissatisfaction with the Administration of Justice," parts of the speech still sound contemporary. One of Pound's targets was the election of judges. In 1906, about eighty percent of state court judges were elected; today, the number is close to ninety percent, including judges who are subject to retention elections.

Through judicial elections and the legislative process, courts are involved in politics. This is discomfiting. The court system's challenge is to maintain its integrity as the third branch of government. We need to insulate courts as best we can from political pressures that may affect—or give the perception of affecting—judicial decisions. Supporters are essential.

Unpopular decisions—even by federal courts or courts in other states—can be the focal point of anger that is used to drive turnout in judicial elections, either primarily to defeat a sitting judge or to bring out the angry voters for other purposes, or both. . . . [for full article click the PDF below] ]]> no@spam.com (Michael A. Wolff) Sat, 06 Oct 2007 23:57:46 EDT http://www.indianalawjournal.org/articles/48/1/Building-Support-for-Strong-Fair-and-Impartial-Courts/Page1.html