Judicial Independence

 

What is judicial independence?  It is an important principle that means a judge has the freedom to make a fair and impartial decision based solely on the facts presented and the applicable laws, without yielding to political pressure or intimidation. 

 

Judicial independence serves to protect the constitutional rights of citizens and ensures the rule of law.  Former Chief Justice William Rehnquist referred to judicial independence as "the crown jewel of our system of government." 

 

Independent Courts Protect Our Rights

 

Independent courts protect the rights of the powerless.  The drafters of our Constitution were keenly aware of the dangers and excesses that can occur when the majority in government controls virtually all matters, a situation James Madison referred to as the "tyranny of the majority."  To prevent those dangers, our founders painstakingly designed a balanced government with a wall of separation between the branches, an independent judiciary, and a Constitution that is supreme in all respects.

 

Independent Courts Follow the Rule of Law

 

Independent courts guarantee that judges follow the rule of law, the foundation of our civilized society.  Under the rule of law, judicial decisions are based strictly on applicable statutes and constitutional provisions as well as prior judicial decisions known as legal precedent.  The rule of law creates predictability in the application of our laws.   

 

Although it may be appropriate for politicians to consider public opinion and the views of special interest groups when drafting laws and regulations, it is never appropriate for judges to do so when deciding cases.  Judges must remain impartial.  In this respect, the judiciary is very different from the other two branches of government.  Judges are accountable to the Constitution and the law—not political pressure.  And in this way the courts are always accountable to the people.

 

Independent Courts are Accountable

 

Our system of government is carefully designed to foster fair and impartial courts while maintaining strict judicial accountability through a series of checks on judicial power.  Here are some examples of established procedures that keep courts accountable. 

§         If a party believes a judge made a wrong decision or error, the party may appeal to a higher court to review the judge's ruling.  This is an appropriate and effective check on judicial power.

§         If the legislature disagrees with the way a court has applied or interpreted a law, it may pass legislation to amend the law and prospectively change the impact of the court decision.  This is another appropriate and effective check on judicial power.

§         When citizens disagree with a court's interpretation of a constitutional provision, they have the power to amend the Constitution to undo the court's interpretation.  Without question, amending the Constitution is an appropriate check on judicial power and on legislative power as well.

 

In addition to these checks on the appropriate exercise of judicial power, Iowa has two procedures to address judicial misconduct or substandard performance.

§         Near the end of a judge's term of office, voters may vote against retaining a judge for another term.

§         When a judge engages in unethical conduct, habitual intemperance, or persistent failure to perform duties, the supreme court can discipline the judge and even remove the judge from office.

 

Safeguarding Our Independent Courts

 

Americans want independent courts that are fair and impartial, accountable only to the law and the Constitution.  Yet, these values are under attack.  Around the nation there are forces working to undermine judicial independence, a principle that has served the people well for over two hundred years. 

 

Iowa's far-sighted constitutional merit selection process ensures that we have high caliber judges of utmost integrity, who are selected based upon their professional qualifications—not ideologies.  Judicial independence ensures that our judges base their decisions on the law and the Constitution and nothing else.  Ultimately, however, the preservation of our fair, impartial, and independent court system requires more than the integrity and fortitude of individual judges, it requires the fervent and steadfast support of the people.