Current Threats to a Fair and Impartial Judiciary American College of Trial Lawyers A Fireside Chat Justice Barbara J. Pariente February 8, 2014 “The founders realized that there has to be someplace where being right is more important than being popular or powerful, and where fairness trumps strength. And in our country that place is supposed to be the courtroom.” Justice Sandra Day O’Connor

T he Essential Role of the Judiciary: Protecting Constitutional Rights “One of the greatest dangers to liberty in a free society would come not from government’s acting contrary to the wishes of the majority, but from government acting as a mere instrument of the majority and contrary to the individual rights of the minority.” James Madison Minority Rights Majority Rule

Defense Research Institute Report: “Without Fear or Favor (2011): “Judges must be dedicated to intellectual honesty and must demonstrate the ability to rise above the political moment to enforce the rule of law. Nothing can be more damaging to a society based on the rule of law than if judges fear that they will be removed from their office or that their livelihood will be impacted solely for making a decision that is right legally and factually but unpopular politically.”

The Federalist Society for Law and Public Policy Studies A Review of the Florida Supreme Court: State Courts Project White Paper “... There does not appear to be any pattern of unprincipled decision making by any of the justices on the Florida Supreme Court.” – Elizabeth Price Foley, October 24, 2012

Merit Election Results

Merit Retention – Yes votes influenced by… Newspapers31% Television29% “Word-of-mouth”23% Mail / Robo-calls20% Political party endorsement17% Internet / Social media12% Civic organizations11% Election Day literature8% None14%

Going Forward: What is Needed? Ongoing review of attempts to weaken merit selection in this state and nationwide Critical look at funding for support and of merit retention of judges Effective education on continuing basis of the Judicial Merit Selection and Retention system Critical look at potential constitutional or statutory changes

The Siege on State Courts “Legislators and special interests are making sure we get the judges they want.” ABA Journal July 2013 – by L. Ray Jackson and Illustration by Randy Lyhus