One of the most important themes of judicial interdependence is resource dependence. By conscious design, courts cannot produce or directly obtain many of the resources that they need to operate. These resources include immediate, survival-level needs like adequate funding and staffing, but they also include less tangible resources like public trust and legitimacy, and long-term needs like enabling legislation.
For better of for worse, most of the courts’ needed resources are in the hands of the legislature. Congress and state legislatures allocate funds to the judicial branch, determine the number of judges that the courts will have and the conditions upon which those judges will be selected, enact statutes granting courts jurisdiction to hear cases and authority to manage their internal affairs, and set the public tone in the way they treat the courts and individual judges.
So it should not be surprising to see judges directly asking legislatures for resources from time to time. The U.S. Courts submit a formal budget request to Congress every year, and on several occasions federal judges have testified before Congress on bills that affect the judiciary’s operations. And at the state court level, it is all the more prevalent. Many state chief justices provide a formal State of the Judiciary speech to their respective legislatures at the start of a new year, in which they lay out the work of the state courts over the previous year and lobby for resources to sustain or improve operations. That lobbying process may coincide with the speech, but often starts beforehand and continues long into the legislative session.
Consider New Mexico. Chief Justice Judith Nakamura will present her State of the Judiciary speech on Thursday, but she has already set the groundwork for the courts’ legislative “ask.” Several days ago, she sat down with the editors of the Albuquerque Journal. That access enabled the Journal to report, with considerable depth, that the state judiciary would pursue two constitutional amendments and several statutory changes in the upcoming legislative session. The constitutional changes would affect the timing of participation in judicial elections and the court’s ability to effectuate administrative transfers among courts. The statutory changes would set aside certain requirements with respect to appeals and jury service in order to make those processes more efficient. And of course, the courts are asking for additional funding for specific projects.
Chief Justices bear significant administrative responsibilities: they are the CEOs of their court systems as much as they are judges. In that capacity, a little legislative lobbying–and lobbying in the media–is very much fair game.
A number of stories in the last few days have revealed a disturbing collection of verbal threats to judges, many occurring in the courtroom. Happily, no one was harmed, and the perpetrators have been charged and/or convicted. But yikes. Even accounting for the mental and emotional imbalance of those making the threats, no one should have to tolerate this in his or her workplace.
In the wake of several scandals that rocked its supreme court and led to a number of impeachments, West Virginia has introduced a series of reforms to improve public confidence in its judiciary. This week, Chief Justice Beth Walker updated the state legislature on the court’s internal reforms, including new travel and financial policies to combat the budgetary abuse that was endemic in the court until just a few months ago.
Separately, the state’s Judicial Investigation Commission has asked candidates in judicial elections to call on third parties to stop running false or misleading ads against their opponents, and to disavow any false or misleading statements that are made. While this opinion will be difficult to enforce–especially in a tightly-contested race–it would be refreshing for candidates to commit to it. There is little benefit to winning a judicial election, only to see public confidence plummet in the judiciary because the candidates are being routinely trashed on TV.
Two Dallas-area judges have been disciplined by the State Commission on Judicial Conduct for endorsing each other’s bid for reelection this past fall.
The commission issued two public warnings to both Kim Cooks, judge of the 255th District Court, which handles family law, and Andrea Martin, judge of the 304th District Court, which handles juvenile law.
According to their warnings, during their 2018 campaigns for re-election, Cooks and Martin produced and distributed a campaign mailer that featured their names, titles and likenesses, urging voters to vote for each of them for their respective judicial races. The mailer included statements such as “Keep this talented team working for our families and for our children.”
Cooks and Martin also produced two campaign videos and posted them on social media in which they ask voters to support both of them in their reelection efforts. In one of the videos, the judges state: “We are your Dallas County Judges, your people’s judges. We are the community judges. And we need your help.”
Cooks and Martin also told the commission that they jointly hosted a fundraising event, at which separate tables were set up for each campaign. They also stated that their individual campaigns shared equally in the costs associated with the mailer, the videos and the fundraising event.
The judges pled innocent ignorance, stating that campaign behavior was not covered at new judges school. But that’s a poor excuse, and hardly demonstrates the sensible judgment that one expects of an impartial jurist.
A new program, launched in the Kings County Supreme Court in Brooklyn, will provide books for minors to read while waiting for their court hearings. The first shelf of donated books is now available in Brooklyn’s Adolescent and Young Adult Diversion Court.
Previously, residents were “arbitrarily prohibited” from reading books in court, the nonprofit said. The Legal Aid Society worked to get the pilot program in place for over two years with the help of the Office of Court Administration, Judge Craig Walker — who presided over APY — and others, the organization said.
Books already provided by Penguin [Random] House for the program include “Decoded” by Jay-Z, “Born A Crime” by Trevor Noah, “Ghettoside” by Jill Leovy and several by Ta-Nehisi Coates.
“What better way to help stimulate a mind in a positive way than to provide a book,” said Hon. Craig S. Walker, presiding judge of the Criminal Term Youth Part, Kings County Supreme Court. “It may seem like a small and meaningless gesture to some, but if we want these young people to aspire to do better, we need to provide them with the right tools in order for them to achieve their goals. That starts right there, in the Courtroom.”
This sounds like a great program, and kudos to those visionary enough to cut through the red tape to make it happen. One would think that eliminating the “arbitrar[y] prohibit[ion]” of reading books while waiting for a hearing would have been an easy call.
The first batch of donated books is understandably designed to appeal to the court’s users and stimulate their interest. But some of the cited authors have histories of anti-Semitic comments and other troubling behavior. And the program seems to be missing an opportunity to expose the same readers to great works of American civics and legal fiction. I hope that as the program expands, it will come to include more books like To Kill a Mockingbird and David W. Blight’s biography of Frederick Douglass, and relatively less Jay Z and Trevor Noah.
Iowa has used a nominating commission to select its judges for more than half a century. As currently comprised, the commission includes a chair (the most senior justice of the state supreme court other than then chief justice) and sixteen members, half of whom are chosen by the governor and the other half of whom are chosen by the state bar association.
But new legislation, introduced by state senator Julian Garrett, would radically revise the composition of the commission, by stripping the state bar of all but one representative, and leaving the remaining members to be appointed solely by the governor. Garrett has called the existing system “unfair” and “undemocratic,” because the bar association appointees are not directly accountable to the electorate.
It’s worth emphasizing that the bill has only been introduced, and may never see passage. But it’s indicative, at least to me, of a growing skepticism of bar associations and the legal profession generally. This is likely connected to the overall skepticism of professional expertise that is on the rise on American culture. And it means that lawyers and judges will have to work harder, and in different ways, to convince legislators and citizens that their professional knowledge is used for the public good.
Almost five years ago, a local branch of the NAACP in Terrebonne Parish, Louisiana, sued state officials in federal court, arguing that the state’s “at-large” system for electing judges systematically disenfranchised minority voters. After a trial in 2017, the federal district court agreed with the plaintiffs that the existing election scheme was unconstitutional. But the parties could not agree on the appropriate remedy, so the judge has asked both sides to suggest candidates for a special master, who will assist the judge in crafting an appropriate remedy.
“The parties didn’t agree on a remedy and the Legislature didn’t pass a remedy, so now it’s the court’s obligation to come up with a remedy,” [NAACP attorney Leah] Aden said on Saturday. “The court isn’t an expert in drawing maps. Judge Dick wants to do everything by the book, so she’s going to hire someone who’s familiar with drawing maps to aid her as an expert to evaluate the maps that we put up and potentially draw their own map. This person is basically a technical expert.”
A federal judge gave the state Legislature the first opportunity to remedy Terrebonne’s voting system, but the only proposed bill during the 2018 session died in committee.
This has been a fascinating case for observing how one sovereign’s judiciary (the federal courts) addresses fundamental issues pertaining to another (a state court system). It will be equally interesting to see how the final resolution plays out.