Public Confidence in the Judiciary

By Jamie Jacobs-May

To reverse the erosion of public confidence in the judiciary, judges must: 1) make the language and procedures of the court understandable, 2) promote the integrity of decision-making by ensuring it is free from bias or prejudice, and 3) work with the public to bring about a better understanding and improvement of the justice system.

In a recent survey of Californians, for example, the Commission on the Future of the California Courts found that over half of the Californians surveyed (53%) rated the courts as "poor" or "only fair."

To function effectively in a democratic society, a justice system must not only be fair, it must also be seen as fair. Addressing these perceptions of unfairness and restoring the confidence of the public is, I feel, the most important challenge facing the judiciary today.

Fairness is a judicial skill. Effective communication and understanding are essential components of that skill.

Judges need to ensure that the language of the courtroom is clear and easily understood -- not spoken in ‘legalese.' Court procedures should be explained, and our forms, processes and procedures simplified.

Finally, judges must ensure that all interested persons who have standing in the case at hand are given an opportunity to have their positions voiced.

As our population grows increasingly diverse, judges must become "culturally competent" -- aware and sensitive to cultural differences in our society and between disputants who use our courts. This does not mean that different sets of law apply. It means, instead, that judges ought to understand cultural customs and perspectives. In that way, we become better able to understand the issues and render decisions that are free from bias or prejudice.

Participation in statewide and local groups with a focus on judicial fairness and accessibility reinforces the integrity of the decision-making process. It also promotes better understanding with the public we serve.

My work on statewide committees includes planning education and training for judges to address these concerns. It also includes drafting more user-friendly Judicial Council forms, and drafting legislation and Rules of Court to increase the public's ease of access to our courts. As Presiding Judge, I have worked extensively with the County Board of Supervisors and other public and private groups to improve our justice system.

Through such interaction with our communities, judges can achieve better insight and understanding of the public's perceptions and thereby do a better job of responding appropriately.