State Courts Summit Only The Beginning

Article Date: Monday, May 18, 2009

Justice O'Connor delivers keynote address.

From NCBA and ABA Reports
The 300-plus judges, lawmakers and bar leaders who gathered May 7-9 for the American Bar Association’s state courts summit departed Charlotte in firm agreement that their work has only begun.

Common ground was also found in the need to improve relations between all three branches of government and to work to preserve adequate funding for courts and related government services.

“The delegates recognized that justice is indeed the business of all three branches of government, especially in times of state and local budgetary crisis,” said ABA President H. Thomas Wells Jr. who convened the summit. “It is the obligation of all three equal and independent branches to cooperate in defining and providing equal justice for all.”

Justice Martin addresses summit.

Sponsored by the ABA and the National Center for State Courts, “Justice is the Business of Government: The Critical Role of Fair and Impartial State Courts” convened state senators and representatives, state attorneys general and gubernatorial representatives, judges and court administrators, all with the goal of fostering improved understanding of each other’s roles in serving public needs, and the obstacles they face in fulfilling them.

The delegates outlined general principles for advancing better relationships. Edward W. Madeira of Philadelphia and N.C. Supreme Court Justice Mark Martin, co-chairs of the ABA Commission on Fair and Impartial State Courts, and Mary Campbell McQueen of the NCSC urged delegates to reconvene in their own states to develop specific and localized plans.

Retired U.S. Supreme Court Justice Sandra Day O’Connor who serves as honorary chair of the Commission on Fair and Impartial State Courts provided the keynote address.

“It was a capstone experience for me to help organize the ABA president’s signature initiative,” Justice Martin stated. “I am very pleased that the national summit took place in North Carolina. We owe a debt of gratitude to the North Carolina lawyers and law deans who helped make this possible in the midst of very challenging economic circumstances.

“We also owe a debt of gratitude to the North Carolina Bar Association for its tremendous support of the summit.”

NCBA President Charles Becton, right, visits with longtime colleague Erwin Chemerinsky.

President Charles Becton, Executive Director Allan Head and Kim Crouch, director of governmental relations, represented the NCBA at the event.

The North Carolina delegation was led by Chief Justice Sarah Parker and included Joe Hackney, Speaker of the N.C. House, Sen. Dan Clodfelter, Rep. Becky Carney, Chief Judge John Martin of the N.C. Court of Appeals, Edwin M. Speas, general counsel in the Office of the Governor, AOC Director John W. Smith and State Bar President John McMillan.

Justices Robert Edmunds and Paul Newby of the N.C. Supreme Court and Judges James Wynn, Wanda Bryant and Linda McGee of the N.C. Court of Appeals were also in attendance. President John Lassiter of the Mecklenburg County Bar and NCBA Past-President Ozzie Ayscue co-chaired the Charlotte Host Committee.

Featured presenters and speakers included Tom Ross, president of Davidson College, and Erwin Chemerinsky, former Duke Law School professor and current dean of the University of California at Irvine School of Law.

Additional N.C. entities and law schools were also well represented throughout the event.

ABA President Tommy Wells provides closing remarks.

“Our hope is that the summit will serve as a catalyst for stakeholders in the 37 participating jurisdictions to engage in a continuing dialogue about their respective justice systems,” Justice Martin added. “The objective of this ongoing dialogue is to foster better collaboration and coordination among the three branches of government concerning the delivery of services within state justice systems.

“To effectuate this goal, the ABA is unveiling a Web site offering practical materials, including a tool kit of best practices, to help individual jurisdictions successfully confront systemic challenges and promote public trust and confidence in the courts.”

Delegates agreed judges should be more assertive as leaders of state government, and emphasized the importance of regular communication with colleagues in other branches, particularly regarding pending legislation that will impact the courts. They also encouraged advocacy, sometimes through judicial councils or associations, and sometimes involving constituencies such as police, prosecutors, victims and employee organizations.

Justice O'Connor visits with, from left, executive directors Allan Head and John Phelps (Ariz.), State Bar President John McMillan and Justice Paul Newby.

Court funding is ripe for advocacy, agreed delegates, calling for dependable and predictable funding from general state revenues, not tied to court fees that increase the burden on citizens seeking justice. The delegates suggested an automatic minimum percentage of the state budget should be reserved for the judicial branch, and called for increased autonomy in managing judicial budgets. 

Many delegates called for an end to partisan and non-partisan judicial elections, and supported merit selection systems to choose judges instead. Short of abandoning elections, they urged improving qualification standards for individuals who run for judicial election, creating public funding systems, establishing voluntary judicial campaign conduct committees and generally tamping down the nastiness and costliness of judicial campaigns.

Public education about government systems to foster broader understanding of the roles of all branches of government was another common theme. To enhance public understanding of judicial systems in particular, delegates encouraged judges to use less jargon in their rulings and to explain their decisions more clearly.

They also acknowledged courts are not always seen as being fair, describing perceptions of fairness as the single most important factor in determining whether people have confidence in the courts. They reminded judges that courthouses can double as classrooms when judges take opportunities to teach the public about systems, procedures and the legal system while they perform their judicial duties on the bench.

“The National Center for State Courts commissioned and presented a national public opinion poll as part of the program developed for the national summit,” Justice Martin concluded. “This poll was very encouraging in that it revealed strong public support for states to take all necessary steps to ensure that courts remain fair, impartial, and independent institutions.

“It is our mandate as lawyers to support all necessary steps to make sure this happens in North Carolina.  If we as lawyers do not accept this challenge, who will?”

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Full summit information is available via the ABA Web site at:
http://www.abavideonews.org/ABA2831/