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What's an 'Independent Judge'?
"Judicial independence makes a system of impartial justice possible by enabling judges to protect and enforce the rights of the people, and by allowing them without fear of reprisal to strike down actions of the legislative and executive branches of government which run afoul of the Constitution. Independence is not for the personal benefit of the judges but rather for the protection of the people, whose rights only an independent judge can preserve."
—"An Independent Judiciary: Report of the ABA Commission on Separation of Powers and Judicial Independence," © 1997, American Bar Association. Judges should be neutral, fair, and able to issue decisions without being improperly influenced by some outside person or group. It is really just common sense. If you had to go to court, would you want the judge to be pressured by a member of Congress, a local business owner or a religious leader about how to decide your case? Of course not. We rightly expect that judges will impartially decide cases that come before them, without being unfairly influenced by outside actors. Our Constitution recognizes the powerful importance of this principle and created a system that provides for and in fact depends on independent, fair-minded judges. "Judicial independence is the freedom we give judges to act as principled decision-makers. The independence is intended to allow judges to consider the facts and the law of each case with an open mind and unbiased judgment. When truly independent, judges are not influenced by personal interests or relationships, the identity or status of the parties to a case or external economic or political pressures."
—Brennan Center for Justice at New York University School of Law, "Questions and Answers about Judicial Independence." |
