ALI and Georgetown Law Center Cosponsor Conference on Judicial Independence

On September 28 and 29, the ALI cosponsored, with Georgetown University Law Center, an important meeting in Washington on the subject of judicial independence. The invitational conference, titled "Fair and Independent Courts: A Conference on the State of the Judiciary," was initiated, planned, and chaired by Justices Sandra Day O’Connor and Stephen Breyer. This subject—the challenges in achieving and preserving a first-class judiciary and judicial system—is at the top of Justice O’Connor’s agenda for her years as a retired Justice.

"Directing anger toward judges has had a long tradition in our nation, I’m sorry to say," Justice O’Connor said during her opening remarks. "While scorn for some judges is not altogether new, I do think that the breadth of the unhappiness being currently expressed, not only by public officials but in public opinion polls in the nation, shows that there is a level of unhappiness that perhaps is greater than in the past and is certainly cause for great concern."

More than 250 individuals attended the day-and-a-half conference. The emphasis in inviting participants was not on lawyers, but on important people from the business world, the nonprofit sector, and the media, people who need to know more about the challenges facing the judiciary and who can be influential in protecting judicial independence and in obtaining the resources needed for strong state and federal court systems.

Conference participants heard several plenary panel discussions and speeches; they could also attend three small-group breakout sessions where all attendees actively participated in discussion and the generation of possible action plans for future consideration. Among the participants were several state chief justices and other distinguished state judges. One panel included former members of Congress Newt Gingrich, Tom Daschle, and Warren B. Rudman. Another speaker was Attorney General Alberto R. Gonzales.

Conference attendees included Supreme Court Justices Samuel Alito, Ruth Bader Ginsburg, David Souter, and Clarence Thomas. Chief Justice John G. Roberts, Jr., the dinner speaker, delivered an excellent analysis of the challenges and needed solutions.

Among topics discussed in depth were state judicial election systems, federal constitutional limits on regulation of the state election processes, and the need for more resources—including appropriate judicial salaries—to strengthen the courts.

Justice O’Connor will now devote significant time to this subject, including public hearings and discussions in various parts of the country.

A wealth of information about the conference can be accessed on the Georgetown University Law Center website. In-depth coverage of the conference can be accessed at www.law.georgetown.edu/news/events/conference_story.html; the conference program, webcasts, and transcripts may be accessed at www.law.georgetown.edu/Judiciary/program.html.