Protest Statements Inconsistent with Standards!
Our national and state Constitutions promise each of us that if we ever go before a judge – whether on a criminal or civil matter – the case will be resolved fairly and impartially. But for this system to work, our judges must consider only the facts before them and the law – they can’t respond to political pressure, legislative pressure, special interest pressure, media pressure, public pressure, financial pressure, or even personal pressure.
This tradition of judicial independence, which goes back to America’s founding fathers, is threatened nationwide as special interests spend millions to influence outcomes, the cost of judicial campaigns skyrockets and attacks on judges’ decisions and candidates’ positions threaten to bring politics into the courtroom. To the extent that these developments impugn the neutrality of our courts and erode public confidence in them, this trend must be resisted. As U.S. Supreme Court Justice Anthony Kennedy warned in 2002:
The legal profession, the legal academy, the press, voluntary groups, political and civic leaders, and all interested citizens can use their own First Amendment freedoms to protest statements inconsistent with standards of judicial neutrality and judicial excellence. Indeed, if democracy is to fulfill its promise, they must do so.
The State Bar of Wisconsin has created the bi-partisan Judicial Campaign Integrity Committee to advance those goals. Please contact the committee if you have questions, observations or concerns.
Additional Reading
- State Bar of Wisconsin Policy Positions on Administration of Justice (see “Independent Judiciary”)
- Nastier, Noisier, Costlier – “Wisconsin Lawyer” Article by State Bar President Tom Basting
