1. Fair Courts = Justice
Introduce self and NAWJ Informed Voters Project. Highlight role of Justice Pariente.

2. Objectives
Recognize the role of the judicial branch in our governmental structure;
Differentiate between judges and other elected officials;
Identify the processes for selecting judges, and
Recognize present-day challenges facing the judicial branch.
Review objectives for the presentation.

3. Warm Up Exercise When you walk into the courtroom and face the judge…
…what qualities or characteristics are most important to you?
This shorter Florida version, if properly paced, should take between twenty to thirty minutes to present. It is important not only to impart knowledge but to connect with the audience. So to the extent possible walk around the room and engage with your audience as opposed to standing behind a podium when you present. Begin by asking the audience:
No matter what the case, when you walk into the courtroom to face a judge, what qualities or characteristics are most important to you?
Receive responses from full audience.

4. Characteristics of Judges
What characteristics are most important to you?
Knowledge of the law
Impartial/Unbiased
Fair minded
Attentive
Respectful/Understanding
Honesty/Integrity
Neutral
Professional demeanor
Then debrief by showing some of the top responses from prior audiences when asked to identify characteristics or considerations the public wants to see in judges. What new qualities or characteristics were added by this group?
What would you add?

5. Our Constitutional Structure
The Role of the Courts

6. What does the Constitution do?
Start with the basics….what is the Supreme Law of the Land --- the United States Constitution. What is the purpose of the document. What does the Constitution do? (Sets up structure and function of the government; lists some of our rights; and also limits the power of government) Sort of like a rule book for government. Who does the Constitution protect you from? Distribute pocket Constitutions from The Florida Bar if you can obtain. Do not use ones with messages from outside groups.

7. Briefly highlight our system of government including our three branches and corresponding responsibilities. The Framers designed a government with separation of powers and checks and balances. They split the government into different parts to prevent the abuse of power by any one branch. Emphasize the dangers of placing all responsibilities into one branch of government. What if the President or Governor was responsible for making the law and enforcing the law as well as interpreting the law. The James Madison quote is from The Federalist #47.

8. The Role of the Judicial Branch
Resolve disputes through a legal process;
Interpret and apply the law;
Determine if a law is unconstitutional;
Protect the rights of the people.

9. The Courts
The Judicial Branch was not intended to be a political or representative branch.
Background to presenter: Federalist 78

10. Really important to emphasize that the courts protect our rights
Really important to emphasize that the courts protect our rights. What would happen without the judicial branch? Majority rule…..but what about minority rights? (Political minority, religious minority, etc.)

11. Prior to the American Revolution….
Before the American Revolution, courts in the colonies were seen as instruments of oppression. Juries could be locked up until they reached the "right" decision as desired by the king. Judges were seen as puppets of the king.

12. Historical Concerns Over Judicial Selection
“He (King George III) has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.”
Colonial
Era
Judges selected by the King.
Colonists outlined complaints in the Declaration of Independence citing how the King abused power and controlled the judiciary.
In fact, the Declaration of Independence criticized King George III for making "judges dependent upon his will alone for the tenure of their offices and the amount and payment of their salaries”. If you didn’t decide the way the king wanted then the king would just replace you with someone else who would. Who should judges be accountable to? The LAW. So our Constitution provided for judges at the federal level to be appointed for life terms to insulate them from politics and public opinion.

13. Selection of Federal Judges
Appointments in the Federal Court System
Federal Judges
The U. S. Constitution states in Article III that federal judges are to be nominated by the President and confirmed by the Senate.
Not elected
Serve life appointments
So the Constitution provided for judges to serve life terms at the federal level. Why do you think this was designed this way?
Discuss briefly the two parallel court systems in our country (state and federal). Highlight how judges are selected at the federal level and why. See Federalist 78 (Alexander Hamilton) to provide reasons for life time tenure and independence of judges.

14. Judicial Selection and Accountability
judges in our state courts

15. State constitutions or statutes set methods for selecting state judges
States utilize one of three models:
Elections
Either Partisan or Nonpartisan
Appointments
Different models in different states
While federal judges receive life appointments, this is not the case for most of our state court judges-and is not the case in Florida.
Make sure that participants understand now that we are talking about state court judges. Explain basic differences between state and federal courts. Highlight high percentage of cases (and types of cases) that are heard in state courts (over 90%). Refer to state and federal constitutions for information on each. Highlight the three basic models of judicial selection for state level judges in this country. Ask the audience if they know the process that Florida uses. Where would they look to find the answer? (Florida Constitution) Tip: Best way to learn about state and federal government is to read the state and federal constitutions.
Hybrid models – Merit Selection and Retention
Using Nominating Commissions to review candidates, followed by appointment and retention elections

16. Judicial Selection in the United States
Map is hyperlinked to which includes an interactive map of the on the Brennen Center for Justice’s website.

17. How Judges are Selected in Florida Today
County and circuit courts
(Trial)
District Courts of Appeal and Florida Supreme Court (Appellate Courts)
Nonpartisan, contested elections. (No political party affiliation)
County and Circuit Court vacancies before the end of the 6 year term are filled through merit selection
Merit Selection system using Judicial Nominating Commissions to review and evaluate applicants. Submit recommendations to the Governor based on qualifications.
Methods of judicial selection are addressed in Article V of the Florida Constitution.

18. A Matter of Judicial Merit
What is Merit Selection?
What is Merit Retention?
A thorough review process for selecting judges based on their qualifications = based on merit.
A panel of nine members (JNC) screens candidates and selects three to six names to recommend to the Governor.
The Governor selects one of the applicants for appointment.
Process for voters to decide if a judge should remain in office after they have been appointed through the Judicial Nominating Commission (JNC)
Retention election held after first full year in office and then every six years.
Each judge has previously been evaluated and vetted through the JNC process.
Highlight merit selection and retention in Florida and the types of judges it applies to. Differentiate between trial court judges and appellate court judges. Discuss the merit selection process and how the system used to operate with 3 members selected by the Governor and three members selected by The Florida Bar and those six choosing three additional members. Compare to how the system works today. Highlight some of the questions asked of judges on the JNC application and the thoroughness of the process. For Florida we have some sample questions which are really interesting for the audience to review.
In research conducted by The Florida Bar, 90% of Floridians polled said they did not know what merit retention was and sometimes skip it on the ballot for that reason.

19. Circuit and County Court Judges Sample Ballot
Appellate Judges Merit Retention Sample Ballot
Shall Justice Jamison M. Girard of the Supreme Court be retained in office?
Shall Justice R. M. Smith of the Supreme Court be retained in office?
Shall Justice Nancy Mathis of the Supreme Court be retained in office?
Differentiate between trial and appellate courts and judges. Show audience the type of ballot they will see for a trial court judge. Let them know they vote for one in each group as indicated in the directions. These are nonpartisan, contested elections. But on merit retention ballots, you are voting YES or NO for each judge or justice. All appellate judges must go on the ballot for retention votes as noted in materials provided. It does not mean they did anything wrong.( Ex: Story from Justice Labarga)
Appellate court judges are not running against an opponent. They are on the ballot to keep/retain their positions after first full year on the bench and every six years thereafter. Each Justice should receive a vote of “yes” or “no”.
Trial court judges are on the ballot in Florida in contested, nonpartisan elections. Voting for one judge eliminates the other candidates in each group.

20. Merit Selection and Retention
The merit selection and retention process was designed to reduce outside influences on the judiciary. ✗
Political pressures
Personal opinions
Popular opinions
Corruption
Other influences
Add quote from Justice Pariente (Jacksonville speech)….”Merit retention was the result of a vision of having a judiciary that would not be subject to the whims of political change and public opinion polls.

21. Once selected, how are judges accountable?
Oath of Office – sworn to support, protect and defend the US Constitution and Florida Constitution
The Appellate Process – judicial decisions can be appealed to a higher court for review (appellate review)
Judges must follow the Constitution (US and State), statutes/sentencing guidelines, case law (precedent), rules (court and procedural), etc.
Discuss checks on judicial power and how judges at the state level are accountable in their positions. First judges are sworn to support, protect and defend the US and Florida Constitutions. Judicial decisions can be appealed to a higher court for review. Emphasize that judges must follow the law (precedent, sentencing guidelines, court rules, etc.). Sometimes judges’ decisions on sentencing a person for a crime they committed depends on the laws passed by the legislature as well as what the State Attorney (executive branch) has formally charged a person with. Minimum mandatory sentencing example could be used here.

22. Once selected, how are judges accountable?
Code of Judicial Conduct – standards of ethical conduct for judges.
Reports of misconduct directed to the Judicial Qualifications Commission for investigation.
JQC is an independent body.
Judges can be disciplined (from reprimands to removal from bench) for violations of Code of Conduct.
Elections and Merit Selection and Retention
Impeachment under the Florida Constitution
Other means of judicial accountability: Judges must adhere to strict standards of ethical conduct. Misconduct and unethical behavior can lead to disciplinary procedures from reprimands to removal from the bench. You can view disciplinary proceedings on the Supreme Court web site. An independent body JQC investigates the complaints and recommends disciplinary procedures. Please emphasize that complaints are not filed because you disagree with a decision, there has to be misconduct or ethical violations for investigatory process to begin. See FLREA handout for information on how to access this information. (For details on disciplinary procedures, JQC, and other information. This site has a question and answer section which also provides information on impeachment. ) Judges can be removed through elections or retention votes as well as impeachment process.

23. Preamble Definitions Canons Visit
Code of Judicial Conduct for the State of Florida includes:
Preamble
Definitions
Canons
Canon 1. A Judge Shall Uphold the Integrity and Independence of the Judiciary
Canon 2. A Judge Shall Avoid Impropriety and the Appearance of Impropriety in all of the Judge's Activities
Canon 3. A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently
Canon 4. A Judge Is Encouraged to Engage in Activities to Improve the Law, the Legal System, and the Administration of Justice
Canon 5. A Judge Shall Regulate Extrajudicial Activities to Minimize the Risk of Conflict With Judicial Duties
Canon 6. Fiscal Matters of a Judge Shall be Conducted in a Manner That Does Not Give the Appearance of Influence or Impropriety; etc.
Canon 7. A Judge or Candidate for Judicial Office Shall Refrain From Inappropriate Political Activity
Judges have a code of conduct which they must adhere to…..violations can lead to discipline or even removal from the bench.
Public reprimands can be viewed.
Visit

24. The public can review disciplinary actions and pending cases against judges who have violated the code of conduct.
Cases pending as of 6/26/17

25. The Unique Role of the Courts
The Role of the Courts

26. HOW ARE THE COURTS DIFFERENT FROM THE OTHER BRANCHES?
Next we ask the audience how the courts (judicial branch) are different from the other branches of government. See what they say.

27. The Legislative & Executive Branches
May be influenced by:
Public Opinion or Pressures
Political Parties
Lobbyists
Constituents
Special interest groups
Personal opinion
Other
The Legislative & Executive Branches
Highlight that the legislative/executive branches make decisions based on many factors: the influence of the general public, media/public perception, lobbyists and interest groups, political parties, and personal feelings/beliefs. The outcome is legislation/policy molded by a combination of those factors. As the representative branches of government, we expect those elected to these positions to be responsive to public sentiment/opinion and to work for the people that elected them to this position.
On any given day, you will see a wide range of special interests groups coming and going from the legislature to impact public policy. In the courts, the only influence should be the law – past case precedent, the US Constitution, state Constitution etc..
The legislative and executive branches of government – intended to reflect the people they represent and to respond to issues/policies impacting their communities

28. The Judicial Branch
Fair and impartial courts should not be influenced by public opinion, political pressures, or special interests. Decisions should be based on the facts and the law.
There are distinct differences between the judicial branch and the other two. What distinguishes judicial decision making from the other branches of government is that judges make decisions based on the law, past precedent, the state and federal Constitutions
The judicial branch in the US Constitution was created to be insulated (protected) from pressures that exist on the other branches of government – media, public opinion, influence of interest groups and politics, etc. It was not structured to be a political or representative branch.

29. Why should you care about who the judges are in your community?
95%
of all cases in the United States are filed in state courts.
100
MILLION
cases coming before nearly 30,000 state court judges each year.
From the Brennan Center for Justice: “Approximately 95 percent of all cases in the United States are filed in state courts, with more than 100 million cases coming before nearly 30,000 state court judges each year. State court judges decide cases that touch on virtually every aspect of Americans’ lives, from school funding to the rights of the accused.”
Brennan Center for Justice

30. What kinds of issues do judges decide?
Judges make important decisions which may directly impact your life including:
Decisions that impact your FAMILY like:
Child custody
Divorce
Inheritance disputes
Decisions that impact your RIGHTS, your PRIVACY, or your SECURITY.
Highlight why the public should care about who the judges are in their communities. Provide examples.
Remind the audience of the following points:
Courts protect your rights.
Courts ensure the rule of law is upheld and that people are treated equally before the law.
Judges determine if laws are unconstitutional and decide all types of disputes.
As well as decisions which impact your PROPERTY such as:
Your home
Your business
…and much, much more!

31. What issues may impact fair and impartial courts today?
Political attempts to influence judicial selection processes
Infusion of special interest money into judicial elections
Pressure on judicial candidates to take positions on issues or promise specific rulings
Threats of removal from office or impeachment for decisions in controversial cases
Reduction of state court funding
Labeling of judges
Historically we have seen the impact of external forces on the judiciary. Tension between the branches has existed throughout history. Mention FDR and court-packing, etc. Highlight briefly some of the issues listed that may be impacting our courts today (and some of this may be occurring in other states). Expand upon the topics listed above and have audience add other issues. Who should judges be accountable to --- politicians and special interest groups or the law and the Constitution.
Provide examples in Florida and other states.

32. The Dangers of Labels THE DANGER OF LABELS Judicial decision making OR
Judicial Activism
Fair and impartial OR
Conservative/
Liberal
 Identify labels sometimes used to politicize judges and judicial decisions. What impact can labels have? When are they used and for what purposes?
When judges disagree on the interpretation of a statute does it mean they are making a political decision? It is important to point out that reasonable people disagree on important issues or the meaning and application of the law. Use example of No Vehicles in the Park. If a law is not clear or specific enough, someone may challenge the law in the courts. The courts do not go out and search for laws to invalidate or question. Simple example would be No Vehicles in the Park. The sign is up at a park entrance. What is a vehicle? What about motorcycles or motorized wheel chairs…… What about a school bus or an ambulance. Who could get a ticket if they go into the park. On a higher level ask questions in the US Constitution. For example What is UNREASONABLE under the 4th amendment. Use case scenarios. Is it reasonable for police to search your home without a warrant? How about your car? Is it reasonable for the government to track your Internet browser results, etc.
The term “activist” judge has become a pejorative term that has become synonymous with "bad" judge – one who "makes" law rather than interprets law; one who legislates from the bench rather than "interprets statutes"; one who holds a statute "unconstitutional" rather than one who is "deferential" to the Legislature; one who "protects criminals" rather than "protects victims."
Or what about the term “judge made law?” What does that imply?
Interpreting the law (determining what a statute means or says) OR
Legislating from the Bench/Judge –made law

33. What do you think?
…what factors should NOT influence the judge’s decision in your case?
Public opinion about the issue
Political demands
Your political party affiliation
The position of special interest groups on the issue
Media reports
Personal perspectives or affiliations of the judge
Money or special interests
When you walk into the courtroom and face the judge…
Now that we have examined the characteristics and accountability of judges, what factors do you think should not influence the judge’s decision in your case? As time permits, this can be a whole group presentation or a small group discussion.
Do not advance the presentation beyond the questions until responses have been received.
Should outcomes of cases rest upon public opinion polls or political demands, or the media or special interests? What about emotionally charged high profile cases. The factors listed above are some of the most reported. Others may be added.

34. Visit us online at ivp.nawj.org Contact us: staff@flrea.org
The Informed Voters Project:
Of the National Association of Women Judges
Resource of accurate, nonpartisan judicial branch information
Support system for those seeking to protect fair and impartial courts
Platform for the discussion on the importance of judicial independence
The Informed Voters Project serves is a nonpartisan civic education campaign led to inform the public on the judicial branch and raise awareness on the importance of fair and impartial courts
We serve as a reliable resource of accurate nonpartisan judicial information, a support system for judges seeking to protect fair and impartial courts and a platform for the discussion on the importance of judicial independence.
Visit us online at ivp.nawj.org
Contact us:

35. Visit the Informed Voters Project website at ivp.nawj.org
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Highlight website and Facebook page. Videos and PSAs are also available.

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