Some people, over the past few years, have attached negative
connotations to the phrase “judicial independence,” to the
effect that it is nothing more than an invitation to run
amok from the bench. I strongly disagree with that
interpretation. Instead, the concept of judicial
independence is the need for judges to be free from
improper influence, which includes political or special
interests or popular public sentiment. It protects the
access of all citizens to fair and impartial courts. Simply
put, judicial independence is your independence, both as
attorneys who practice in our courts and as members of the
public who utilize the judicial system.
When we become judges, we take an oath to uphold the
Constitution. Put another way, this is our promise to your
clients -- that when they walk into a State of Connecticut
courtroom, they will come before a fair and neutral judge,
who will make his or her ruling based on the law, rather
than public opinion, and regardless of what pressure may be
brought to bear. This is the challenge that our judges face
every day when they walk into a courtroom. I think you would
agree that they perform this function admirably and with a
great deal of courage. The most popular, the wealthiest, the
loudest or the most powerful has no place in our courtrooms,
and Connecticut’s judges take seriously their role to ensure
that all sides will be heard before making a reasoned and
fair decision based on the law.
When judges do the right thing under the law, however, we
often make someone angry. And let me assure you, in the
no-holds-barred era of the Internet soapbox, the feedback --
often anonymous -- can be brutal. As you know, we as judges
cannot, under our Code of Judicial Ethics, comment about our
cases. That is why it is so essential that the bar step up
and speak up to make sure that the public understands the
need for an independent judiciary that will apply the rule
of law as opposed to making the popular or less
controversial decision.
You have done exactly that and, as you hopefully continue
to do so in the future, I would ask you to consider the
following. Only with an independent judiciary will you have
the rule of law and only with an accountable judiciary will
we have the respect and support of the residents we serve,
so that we may maintain our independence to uphold the rule
of law. None of these three components -- rule of law,
accountability or judicial independence -- survives without
the other two.
I also want to stress that judicial independence is not
lack of accountability. In fact, our judges are held
accountable in many different and significant ways. With
regard to our decisions, we are strictly accountable to the
law -- the common law, the statutory law and the
constitution. This accountability is further reflected in
the publishing of our decisions to the public, our
explaining in open courtrooms, our reasoning in cases, and
an appellate procedure that reviews whether we, as judges,
have in fact adhered to the law. All of this accountability
to the law is what helps to make our legal system one of the
fairest and most enduring in the world. And, while criticism
of a decision by the public is also appropriate, personal
attacks on a judge questioning their suitability to remain
as a judge where they have adhered to the rule of law is a
direct threat to judicial independence. The last thing that
you as lawyers and the public want are timid decision makers
who are looking over their shoulders.
We are also accountable with regard to how we handle our
administrative and institutional responsibilities -- such as
case management, our treatment of people who use the system,
and our adherence to the Code of Judicial Ethics. Our
conduct on the bench is subject to review by the Judicial
Review Council and a reappointment process every eight years
that involves the other branches of government.
Specifically, judges are reviewed by the Judicial Selection
Commission, nominated by the Governor and subject to
approval by the General Assembly.
I believe, as well, that openness goes hand in hand with
accountability. We don’t have armies to enforce our
decisions. We don’t even have the power of the purse. All we
have is the public’s faith that we will follow the rule of
law. And the only way that they know that this is occurring
is through an open and transparent court system.
Accountability and transparency, in fact, are central
themes of one of the most ambitious projects undertaken by
the Judicial Branch in the last year.
Last summer, I appointed 42 talented individuals to serve
on the newly established Public Service & Trust Commission,
which is chaired by Judge Alexandra DiPentima and which is
made up of lawyers, judges, Judicial Branch employees,
advocacy groups and members of the public and media. The
commission was charged with creating a strategic plan that
will guide the Judicial Branch in the upcoming years. Over
the past year, the commission has examined public
perceptions of our state court system; conducted
scientifically valid opinion research to determine the
level of satisfaction of people who use the court system;
held public hearings to obtain input; and conducted focus
groups of lawyers, judges, court personnel and other members
of the public who are involved with the court system. These
focus groups identified trends that will affect the courts,
discussed the impact these trends will have and developed
effective strategies to address the trends.
The commission held 93 focus groups throughout the state
involving well over a thousand participants. Many of you
attended one or more, and I want to thank each and every one
of you for your input. Your comments were insightful,
practical and representative of your collective commitment
to ensuring that our courts operate as effectively and
efficiently as possible.
The focus groups of people external to the branch were
also asked what they need and valued in our court system. It
is interesting to note that the values that were identified
as most important were fairness, impartiality, equal
treatment, respect, professionalism and adherence to the
rules. In other words, people who use the courts want to
know that they have an impartial judge who provides them
with an even playing field and who acts fairly and in
accordance with the law. They also want a system that
demonstrates professionalism and respect.
Of course, it’s one thing to collect all of this
information; it’s another to develop measurable outcome
goals and strategies. To accomplish this, the commission
broke into five committees and developed specific strategies
and activities to achieve each of the goals.
The commission unanimously approved this initial phase of
the plan, and I currently am reviewing its work. I can tell
you that what I’ve seen so far is not only impressive, it is
little short of amazing.
What’s next? I anticipate that implementation of action
steps to accomplish the plan’s goals will start this summer.
Preliminarily, it appears that 200 to 300 action steps will
be occurring.
To give you an example of the types of steps I am talking
about, we have already begun to deal with some of the
identified issues involving entry into courthouses which, of
course, is an individual's first introduction to the
judicial process. All courthouses are now open at 8:30 a.m.
so people do not have to wait outside in the weather.
Procedures have been put in place that will speed up
security checks for attorneys at metal detectors. For
instance, if you have your ID badge showing you are an
attorney, you will not have to remove items of clothing. In
addition, new judicial marshal classes are receiving
training on dealing politely and efficiently with the public
as they come through the doors. Conference rooms will now be
unlocked during lunch hours and before court opens. And
finally, a rule will be submitted to the judges for approval
in June that will allow attorneys and the public to bring
camera phones into the courthouse. This only makes sense.
First, try finding a cell phone without a camera these days.
More importantly, however, the marshals checked in and held
290,000 camera cell phones last year. Obviously, this
procedure severely delayed the time it took for these
individuals -- and everyone standing behind them -- to enter
the courthouse.
These are but a very few of the changes that I expect to
be made as a direct result of your input into our strategic
plan. I want to again thank you for all that you have done,
from participating in the focus groups to speaking to school
groups about the rule of law, to taking the time to explain
to your client why a judge ruled as he or she did. Every
time you educate someone about our court system, it makes a
difference. Someone may still dislike the result but, if
they understand that the system worked, then we have made
progress. I want to thank you again for the opportunity to
address you, and for all of the fine work you do on behalf
of the people we serve.
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