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American Bar Association

Standing Committee on Judicial Independence

Informational Report to the House of Delegates

The Standing Committee on Judicial Independence (“SCJI”) continues its efforts to improve public awareness of the importance of fair and impartial courts and the integral role of the judiciary in our system of government. Under the Open Society Institute grant, SCJI has maintained its focus on broadening collaboration with ABA entities, state, local and territorial bar associations, and related organizations.

Since the 2011 ABA Midyear Meeting, major projects have included redrafting of Resolution 115 on judicial recusal, presentation of additional programs for the “Least Understood Branch Project,” collaboration with the Task Force on Preservation of the Justice System, and co-sponsorship of Resolution 10B on tax-refund interception as a means of alleviating court underfunding.

At the 2011 Midyear Meeting, SCJI withdrew Resolution 115. At the request of ABA President Stephen N. Zack, a working group was formed to discuss the resolution; Mr. Zack appointed SCJI member Alan T. Dimond as group facilitator. The working group met via conference call and, in March, in person. SCJI has submitted a revised resolution and report for consideration by the House of Delegates at the 2011 Annual Meeting in Toronto.

The Least Understood Branch Project (“LUB”), which remains an SCJI priority, continues to disseminate materials to bar leaders throughout the country with an overwhelmingly positive response. LUB is a joint effort of SCJI, the Judicial Division, the League of Women Voters, Justice at Stake, and the National Center for State Courts. LUB focuses on partnering with state and local bar associations to carry the message of the importance of fair and impartial courts in our democracy to every possible venue. Under the auspices of LUB, SCJI has developed its Resource Kit on Fair and Impartial Courts, which includes the video produced by Justice Center Associate Director Konstantina Vagenas, Protecting Our Rights, Protecting Our Courts. SCJI receives LUB program requests from bar associations and civic organizations from around the country on a regular basis. As a result of LUB, SCJI also jointly co-sponsored with the Young Lawyers Division a “2011 Law Day Video” contest to encourage high school students to participate in and broaden their understanding of Law Day and the chosen Law Day theme, “The Legacy of John Adams, from Boston to Guantanamo.” The winner was a three-minute animated video by Bhargav Tarpara, a freshman at Belleville High School in Belleville, New Jersey. LUB has been a primary focus of Judicial Division Chair Judge G. Michael Witte during his 2010–2011 term, and Chair-elect Judge Richard C. Goodwin has made the program one of his core initiatives for 2011–2012. This initiative has also aligned with ABA President Steve Zack’s presidential priorities. SCJI will continue to collaborate on LUB projects in the coming year.

Through its Justice is the Business of Government Task Force (JBiz), SCJI also continued its work with the ABA Task Force on Preservation of the Justice System. Chaired by SCJI Special Advisor Edward (“Ned”) W. Madeira, JBiz is an SCJI subcommittee that explores sustainable court-funding strategies for the future. SCJI Chair William K. Weisenberg also testified at the Task Force’s inaugural hearing on the court funding crisis February 9 at the ABA Midyear Meeting. The Task Force held a second hearing May 26 at the University of New Hampshire School of Law in Concord, New Hampshire. Task Force Co-chairs David Boies and Theodore B. Olson; ABA President-Elect William T. (“Bill”) Robinson III; Honorary Co-chair Lady Evelyn Booth Olson; Law School Dean John T. Broderick, formerly Chief Justice of the New Hampshire Supreme Court; and ABA Justice Center Associate Director Konstantina Vagenas led the proceedings in New Hampshire, which featured testimony from state court chief justices, court personnel, business and bar leaders, and citizens who have been adversely impacted by the underfunded justice system. Harvard Law Professor Laurence H. Tribe also testified. Both the February and May hearings received nationwide media attention by major news outlets.

SCJI was a co-sponsor of ABA Resolution 10B, adopted by the House of Delegates at 2011 ABA Midyear Meeting, to support enactment of S. 755 and H.R. 1416, bipartisan legislation that would amend the federal tax code to help financially strapped state courts by permitting states to recover debts, including those arising out of court-ordered victims’ restitution, fines, fees, and costs, by intercepting federal tax refunds due non-indigent debtors. The tax-refund intercept as a means of ameliorating court underfunding was one of the three focus issues selected as an official ABA Day focus issue. The topic of judicial vacancies was another official focus that SCJI was instrumental in highlighting for ABA Day.

At the Spring Planning Meeting held June 2–4 in San Diego, SCJI members finalized the resolution on judicial disqualification and also discussed means of responding to attacks on judges, LUB program next steps, JBiz, judicial education recommendations, new project ideas, generally, and ways of maintaining and developing existing projects.

Respectfully Submitted,

William K. Weisenberg, Chair

August 2011

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