Superior Court of California County of Sacramento The California Judges Association The Judicial Council of California Four Ideals that Support Our Government 1 The Rule of Law 4 Impartial Courts amp Judges ID: 724734
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Slide1
The Importance of An
Impartial Judiciary
Superior Court of California, County of Sacramento
The California Judges Association
The Judicial Council of CaliforniaSlide2
Four Ideals that Support Our Government
1. The Rule of Law
4. Impartial Courts & Judges
2. The Separation of Powers
3. Checks & BalancesSlide3
The law regulates every person’s conduct
Gives everyone the same rightsLaws are not the orders of a powerful government official, like a king or dictator
Ideal #1
The Rule of LawSlide4
What if umpires could make up
their own rules during a game?Slide5
What if umpires could make up
their own rules during a game?Umpire: Foul Ball!Slide6
Batter:
What! I clearly hit it through center field and out of the park, that means that it’s a home run! How can you say it’s a foul?Slide7
Umpire:
Too bad, that’s my definition of a foul. Slide8
Batter:
Show me where you got your definition.Slide9
Umpire:
Look, those are just my rules. I’m the umpire, deal with it.Slide10
DECLARATION OF INDEPENDENCE
(July 4, 1776)List of ways that King George III
was acting unfairly
Like a bad umpire, King George ordered judges to decide
cases based on his wishes, not the rule of lawSlide11
CONSTITUTION
(Sept. 17, 1787)Just as all sports have rules,
our government has the constitution,
this is the set of rules that the government must follow. The constitution strengthened the rule of law by:
Allowing the courts to protect rights
-Speedy jury trial, and other rights
Removing governmental and popular influences from the court
The constitution also separated the powers of governmentSlide12
Ideal # 2 The Separation of Powers
Into Three Branches of Government
Legislative
Create the law
Executive
Carry out the law
Judicial
Interpret and
apply the lawSlide13
The Separation of Powers (cont.)
The government’s powers are split between the three branches Each branch of government is equal in power No branch can exercise a power granted to one of the other branchesSlide14
Ideal #3
Checks and Balances
If one branch doesn’t agree with another branch’s decision, it can take action against that decision.
Consider this joke about a president, a senator, and a judge
with checks and balances.Slide15Slide16
Ideal #4 Impartial Courts & Judges
Impartiality is a judge’s ability to decide cases:Only considering the law; (As an umpire would only consider the rules)
Not considering personal gain, prejudices, preferences, or beliefs;
(As an umpire would not call in favor of their favorite team)
Without outside powers telling judges how to make decisions or run their courtrooms;
(As fans and team managers can’t tell umpires how to make calls).Slide17
What if umpires knew the rules but broke
them for personal reasons?Slide18
What if umpires could make up
their own rules during a game?Umpire: Foul Ball!Slide19
Batter:
Not again, are you blind? That was totally a home run, and this time I have the official rules to prove it. Slide20
Umpire:
The rules, hah! That doesn’t matter because it’s my call.Slide21
Batter:
But you have to follow the rules, you can’t just make calls for other reasons.Slide22
Umpire:
Well I have some pretty good reasons, in fact I have about 2,000 green reasons that the visiting team gave me before the game.Slide23
Batter:
How is that fair? You got paid by the other team to make that dumb call? No matter how I play, you’ll never let me score a run.Slide24
Judicial
Personal
Preferences
Legislative & Executive
Voters
Political
Party
Special
InterestsSlide25
Why does it matter
to me if judges
are impartial?Slide26
Courts Have the Power to Protect All Persons Equally From Abuses of Political Power
Impartial judges fairly and equally administer the laws to all persons regardless of age, ethnicity, race, gender, disability, religion, or social status.
They are not influenced by public opinion.
Examples -
Racial prejudice
Religious discriminationSlide27
Brown v. Board of Education (1954)
According to the law, until 1954 white and black children had to attend separate schools
At that time most people were in favor of segregated schools
The US Supreme Court decided that separate schools were unequal by nature and therefore
unconstitutionalSlide28
West Virginia State Board of Education v. Barnette (1943)
In West Virginia all students were required to salute the flag. Those who did not salute were expelled.Jehovah’s Witnesses’ beliefs forbade them from saluting the flag in this manner.
The court decided that forcing this practice was unconstitutional.
“The very purpose of a Bill of Rights was to withdraw certain subjects from political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts.” Justice Robert JacksonSlide29
The Judiciary Protects Religious Liberty
“Every religious society has a right to determine for itself the times for [religious] exercises, & the objects proper for them, according to their own particular tenets; and this right can never be safer than in their own hands, where the constitution has deposited it.” -Thomas Jefferson 1808
Consider:
Crèche in city hall
Proposition 8Slide30
Judges are unlike other government officials
They have unique duties and rules to followSlide31
Role of Judges:
Do not write the laws
or express their personal preferences
(Just as umpires don’t write the rule books)
Interpret and apply legislation and higher court rulings whether they personally agree with the laws or not
Apply the laws, even if the public does not like the laws
If a law is defective, it’s the legislature’s job to fix itSlide32
The Code of Judicial Ethics Restricts Judges’ Activities
Judges can’t hear cases if it appears that they might not be able to fairly judge. (Could you be fair if your friend,
family member, or campaign contributor was in a case that came before you?)
Judges cannot state their opinions on matters that they heard or may hear.
Judges are not allowed to accept personal gifts.
(Is it fair to the Yankees if an umpire accepted personal gifts from the Red Sox in an upcoming game between the two teams?)Slide33
What do you think would happen if judges were allowed to accept personal gifts?Slide34
The Third Branch of Government
Threats to judicial impartiality Slide35
Hope
Fighting to Protect the CourtsFormer Justice Sandra Day O’Connor (and this PP and a growing number of organizations):“…we must be ever-vigilant against those who would strongarm the judiciary into adopting their preferred policies.”Slide36
Hope
Justice Sandra Day O’ConnorThe founders realized there has to be someplace where being right is more important than being popular or powerful, and where fairness trumps strength. And in our country, that place is supposed to be the courtroom. Slide37
A proposed initiative (proposition) in South Dakota would allow judges to be sued or sent to jail when people disagreed with their decisions.
(Would umpires do their job fairly if the fans could throw them in jail for unpopular, but correct decisions?)
New Threats To Judicial ImpartialitySlide38
Recently a Sacramento judge decided that civil unions between same sex partners were allowable according to the Constitution.
A special interest group mounted a recall campaign within 24 hours. Higher court justices were threatened with recall as well.(Would it be fair if umpires were fired by fans for unpopular decisions?)
New Threats To Judicial Impartiality
Recall (Impeachment)Slide39
The constitution has protections to handle disagreement with court decisions.
This
doesn’t
mean that judges can’t be questioned.Slide40
You have the right to appeal your case to a higher court if you are unhappy with the ruling
(This can be compared to instant replay)Judges are currently subject to discipline for misconduct by the Commission on Judicial Performance
What To Do If You Disagree With a Judge’s Decision or Behavior?Slide41
Why is the Rule of Law So Important?Slide42
Why is the Rule of Law So Important?
How would you feel if a judge gave a ruling without listening to you?Has anyone ever made a decision about you without listening to your side?
How did you feel and what did you want to do about it?Slide43
Legal Equality
An impartial court allows all individuals equal and fair treatment under the lawSlide44
What if you hit a home run, and
it counts as a home run?Slide45
What if umpires could make up
their own rules during a game?Umpire: Homerun!Slide46
Batter:
How cool, that’s actually fair.Slide47
Umpire:
Well duh. Look I’m not trying to be cool, I’m following the rules and being impartial.Slide48
Thank you for taking the time to understand the importance of impartial judges in your lifeSlide49
Video credits:
Fairplay.orgJusticeatstake.org
Youthforhumanrights.org
Superior Court of California
County of Sacramento
Communications & Community Outreach
2009
saccourt.ca.gov