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.
Fair Courts E-lerts
We publish a weekly email newsletter with a roundup of developments concerning judges and the judiciary. Read it online or subscribe.
Wisconsin Right to Life PAC v. Michael Brennan
A federal district court in Wisconsin upheld the constitutionality of Wisconsin’s judicial public financing program. In doing so, the court found no merit to plaintiffs’ claims that the law infringed on the free speech rights of Wisconsin residents and political organizations, or their ability to participate vocally in the state’s judicial elections.
Wisconsin Prosperity Network, Inc. v. Myse
The Brennan Center filed an amicus brief in Wisconsin Prosperity Network, Inc. v. Myse defending the Wisconsin GAB’s administrative judicial disclosure rule.
In Kirk v. Carpeneti, the Ninth Circuit Court of Appeals will determine if Alaska’s judicial selection system violates the federal Equal Protection Clause. The Brennan Center filed an amicus brief in the Ninth Circuit, defending Alaska's merit selection system.
Washington is mired in gridlock. But hyper-partisan politics does more than just slow down government. It also cripples the federal judiciary, one of the bedrocks of our democracy.
The American Bar Association showed its leadership by passing a resolution on judicial disqualification and urging greater transparency of judicial campaign spending.
Debating a Pay Increase for NY Judges
With the lowest judicial pay in the country, relative to cost of living, a Special Commission in New York weighs the pros and cons of adjusting salaries.
Illustrations by Risko
Brennan Center, Justice at Stake Praise Tennessee Judicial Ethics Rules
The Tennessee Supreme Court this week adopted a new Code of Judicial Conduct to prohibit judges from hearing cases involving campaign supporters in which “the judge’s impartiality might reasonably be questioned.”
Outside Groups Dominate Spending in Judicial Elections, New Report Shows
Non-candidate spending in state high court elections nearly doubled as a share of total costs in 2009-10, compared to the previous off-year election, a new report shows.
Brennan Center Endorses ABA Judicial Disqualification Resolution
The American Bar Association’s House of Delegates is expected to vote today on a resolution calling on states to adopt new rules for judicial disqualification. Brennan Center Senior Counsel Adam Skaggs released the following statement in support of the resolution.
Letter to Tennessee Supreme Court on Proposed Judicial Conduct Rules
The Brennan Center and Justice at Stake submitted comments to the Tennessee Supreme Court urging adoption of proposed new judicial conduct rules, including a recusal rule on campaign spending. The comments were based largely on a Brennan Center report on recusal reform after Caperton, which identified the Tennessee proposal as one of the two most promising in the country.
Letter to New York State Special Commission on Judicial Compensation
The Brennan Center for Justice sent a letter to the New York State Special Commission on Judicial Compensation urging it to recognize that the annual salaries for judges and justices of New York warrant adjustment — and should be increased to a fair level.
Letter to Maine Supreme Judicial Court on Proposed Amendments to Code of Conduct
The Brennan Center for Justice and the Justice at Stake Campaign sent the following letter to the Maine Supreme Judicial Court commenting on proposed amendments to the Maine Code of Judicial Conduct.
Campaign Cash Finds Its Way to the Courtroom
Outside the realm of presidential politics there is a looming — and very serious — threat to our justice system. Despite all the attention focused on money in politics, few Americans know how much campaign cash is pouring into courts of law, and how it threatens to undermine equal justice for all.
America’s Judiciary: Courting Disaster
Severe budget cuts are coming at precisely the time when courts desperately need more, not fewer, resources.
Judicial Recusal Reform – Two Years after Caperton
Nearly two years after the Supreme Court's landmark decision in Caperton v. Massey, a majority of state courts have failed to adopt any recusal reform measures that respond to the threats identified in that case.