On Judicial Independence
From the Foundation
Foundation for Democracy and Justice
“A Government of Laws, Not of Men” A white paper is intended to provide concise and accessible context to the understanding of “the rule of law,” and its relevance to the daily lives of individuals.
The Constitution
U.S. Constitution, Article Three
The authority for “the judicial power of the United States” describes the court system and the right to trial by jury in all criminal cases.
Federalist No. 47
James Madison’s paper examining the separation of powers among the executive, legislative, and judicial branches of government under the proposed United States Constitution. Published in January 1788 under the pseudonym Publius.
Federalist No. 51
Another famous essay by Madison concerns means by which appropriate checks and balances can be created in government and also advocates a separation of powers within the national government.
California Constitution, Article Six
The authority for the state judiciary and structure of the court system.
In the News
A Perspective on Judicial Silence
An interesting perspective from Judge Curtis Karnow on the reasons and ethics behind judicial silence.
Reevaluating How California Elects Judges
A great conversation discussing the judicial election process in California featuring former Presiding Justice Art Scotland, who has previously served as a guest speaker for FDJ.
Organizations
American Bar Association Justice Center
The ABA’s Judicial Division is made up of judges, lawyers, court administrators, academics and students interested in the courts and the justice system. It’s Standing Committee on Judicial Independence serves as the ABA’s clearinghouse of information on judicial independence and judicial selection.
American Judicature Society
An independent, non-partisan, membership organization working nationally to protect the integrity of the American justice system. Promotes fair and impartial courts through research, publications, education, and advocacy for judicial reform.
Brennan Center for Justice
Nonpartisan law and policy institute at New York University School of Law that seeks to improve our systems of democracy and justice. The center’s Justice Program seeks to create a rational and effective criminal and civil justice system that treats all people fairly and equally.
Justice at Stake
Washington, D.C. based nonprofit dedicated to keeping courts fair and impartial by educating the public and working for reforms to keep politics and special interests out of the courtroom.
National Association for Women Judges
Jurists dedicated to preserving judicial independence, ensuring equal justice and access to the courts for women, minorities and other historically disfavored groups, providing judicial education, and increasing the numbers and advancement of women judges. Sponsors of the Informed Voters Project and the award-winning documentary Fair and Free. Informed Voters Project California Resources
National Center for State Courts
NCSC is the organization courts turn to for authoritative knowledge and information, because its efforts are directed by collaborative work with the Conference of Chief Justices, the Conference of State Court Administrators, and other associations of judicial leaders
National Constitution Center
The National Constitution Center is the first and only institution in America established by Congress to “disseminate information about the United States Constitution on a non-partisan basis in order to increase the awareness and understanding of the Constitution among the American people.” The Constitution Center brings the United States Constitution to life by hosting interactive exhibits and constitutional conversations and inspires active citizenship by celebrating the American constitutional tradition.