Fair Courts
One of our nation's great achievements is an independent judiciary charged to defend fundamental principles of American constitutional democracy. Fair and impartial courts fulfill that trust by checking abuses of government power, promoting equal justice and the rule of law, and protecting individual and minority rights.
In recent years, the ability of courts to safeguard these core democratic values has been jeopardized by the increasing influence of money on judicial elections, attacks on judges and judicial power, and the failure of current selection systems to produce diversity on the bench. Public confidence in a judiciary that is not only independent but also accountable for its conduct has been placed at risk by the erosion of judicial ethics.
The Center's Fair Courts Project works to preserve fair and impartial courts and their role as the ultimate guarantor of equal justice in our constitutional democracy. Our research, public education, and advocacy focus on improving selection systems (including elections), increasing diversity on the bench, promoting measures of accountability that are appropriate for judges, and keeping courts in balance with other governmental branches.
Leading up to the November 2008 election, the Brennan Center is releasing real-time reports on television advertising in state Supreme Court elections. The 2008 reports continue the groundbreaking analysis first conducted in 2000 examining the sponsorship, content and costs of televised state Supreme Court campaign ads. Click here for more.
Justice Brent Benjamin of the Supreme Court of Appeals of West Virginia refused to recuse himself from the appeal of a $50 million jury verdict in this case, even though the CEO of the lead defendant spent $3 million supporting his campaign. Did Benjamin’s failure to recuse violate the Due Process Clause?
The Brennan Center is intervening to help defend the nation’s first voluntary full public financing program for judicial elections.
Lopez Torres v. NYS Board of Elections
U.S. Judge Overturns New York State Judicial Election Process in Brennan Center Lawsuit
NAACP LDF’s Payton Weaves together Racial History and Judging at Brennan Center Panel
At a Brennan Center panel discussion held last Monday, NAACP LDF’s John Payton reminded us of the historical and racial context of the current Supreme Court pick ...
The Importance of Diversity on the Bench: It’s Not What You Think You Know
Will adding diversity to the bench help curb implicit bias?
In an unprecedented move too audacious to be repeated, President Barack Obama has nominated two judges to a single vacancy....
Illustrations by Risko
Supreme Court Reverses Decision in Caperton v. Massey
Major victory for the Rule of Law and Due Process with Supreme Court’s 5–4 vote.
Ten Best Practices to Increase Women and Minority Jurists
Brennan Center releases Improving Judicial Diversity, a revealing examination of the appointive systems in ten states.
Jurists, Business Leaders, Reform Groups Join “Justice for Sale” Case
High Court urged to require West Virginia judge’s recusal in suit involving campaign support.
Letter and Questionnaire from Indiana Right to Life to Judicial Retention Candidate
Indiana sends letter and questionnaire to Indiana Supreme Court Chief Justice up for retention election.
Indiana Supreme Court Chief Justice’s Letter Responding to Indiana Right to Life
Indiana Supreme Court Chief Justice Randall Shepard writes letter to Indiana Right to Life declining to answer its questionnaire.
W. Virginia Supreme Court Justice Larry Starcher - February 15, 2008 Recusal Order
11-page order describing Justice Starcher’s decision to recuse himself from participating in any more proceedings involving Massey Energy Co.
Selected Press and Commentary on Caperton v. Massey
Stories covering the West Virginia case.
How about some diversity in courts that aren’t Supreme?
The Supreme Court isn’t the only high court in need of diversification. State courts could use improvement. Why are these courts more homogeneous than their states? Perhaps it’s implicit bias at work.
Dancin’ With Them What Brung Ya: Electing Appellate Judges
Donald R. Lundberg, Executive Secretary Indiana Supreme Court Disciplinary Commission, addresses a proposal before Indiana’s General Assembly to elect its appellate judges.