In The Graduate Center’s recent event in the series on the perils and challenges of democracy, we returned home and focused on “The Role of the Judiciary in a Democracy” in the United States. On May 7, 2019, three distinguished federal and state court judges came together to give their views: Robert A. Katzmann, chief judge of the U.S. Second Circuit Court of Appeals; Jenny Rivera, a judge on the New York Court of Appeals, New York state’s highest court; and Shira A. Scheindlin, who retired after serving as a judge on the U.S. District Court for the Southern District of New York. Julie C. Suk, professor of sociology and dean of master’s programs at The Graduate Center, served as moderator.
Prof. Julie C. Suk, Judge Shira A. Scheindlin, Chief Judge Robert A. Katzmann, and Judge Jenny Rivera (from left to right)
The discussion centered around a fundamental concern: Why is the judiciary of critical importance, especially during times of extreme partisanship and political division, and what safeguards can protect its independence? Several common themes emerged, including current challenges facing the judiciary, ways to strengthen the role of the courts, the effects of inequality on the administration of justice, and identifying access to information and high-quality counsel as key components of safeguarding equal protection, one of the bedrock rights of our democratic system.
The panelists identified partisan loyalty as a corrosive development displacing impartiality and the rule of law, noting that more and more judges are now either elected or appointed along party lines without broad consensus. Chief Judge Katzmann explained how this development undercuts the fundamental principle of judicial independence, because judges must second-guess whether they have room to render decisions in accordance with the law and without fear of reprisal or removal:
Throughout the conversation, panelists talked about measures to strengthen democracy and preserve judicial independence and autonomy. Institutional autonomy, so crucial to independent decision-making based on the rule of law, needs to be supported with sufficient funding, including for salaries. As Justice Rivera put it, “You can’t do democracy on the cheap.”
For example, they proposed expanding access to information concerning the judicial system. Judge Sheindlin called for funding for public information officers to facilitate public recourse to the justice system and to educate the media and public about the democracy-enhancing role of the courts:
In an important call to action, Justice Rivera also urged increasing resources for legal services organizations that provide access to justice, pointing out how the quality of representation affects outcomes.
Watch the complete panel here.