By American Bar Association
ISBN-10: 1590313194
ISBN-13: 9781590313190
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Extra resources for Justice in Jeopardy: Report of the American Bar Association Commission on the 21st Century Judiciary
Sample text
Judges occupy the role of umpires in an adversarial system of justice; their credibility turns on their neutrality. To preserve their neutrality, they must neither prejudge matters that come before them, nor harbor bias for or against parties in those matters. They must, in short, be impartial if we are to be governed by the rule of law rather than judicial whim. Judicial independence is necessary but alone may be insufficient to ensure impartiality. It is necessary because a judge who is not independent may be unable to remain impartial.
One survey commissioned by the American Bar Association in 2002 found that 72 percent of 48 See Samantha Sanchez, Campaign Contributions and the Michigan Supreme Court: Report of the National Institute on Money in State Politics (Jan. phtml. 49 Dawson Bell, Good News About Judicial Fairness Gets Overlooked, Detroit Free Press, May 25, 2002. ”52 These results are consistent with earlier surveys conducted in several states.
A number of states have responded by passing tort reform legislation, the constitutionality of which has then been challenged, often successfully. In turn, that has prompted the plaintiffs’ trial bar and the business community to redirect their attention toward judicial campaigns. The net effect has been an escalating cycle of contributions and single-issue advertising campaigns in a number of jurisdictions around the country. 5 million. The catalyst for the business groups’ interest was an earlier decision striking down tort reform legislation.
Justice in Jeopardy: Report of the American Bar Association Commission on the 21st Century Judiciary by American Bar Association
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