Public Confidence in the Judiciary
The Chicago Daily Law Bulletin reports (registration required) that Circuit Court Judge Maddux has granted a request that a judge from outside Cook County be brought in to preside over the defamation suit Cook County Circuit Court Judge Jim Ryan has brought against Fox Chicago News and the Better Government Association, Inc. Chief Judge Evans will now determine whether to ask the Illinois Supreme Court to assign a judge from outside the county to hear the case. All parties agreed to the motion, which argued that the public confidence in the judiciary could be harmed if the case is heard by a Cook County judge and that adjudication by a judge from another county is necessary to avoid the appearance of impropriety and bias.
Chicago Appleseed does not have an opinion on Judge Ryan’s lawsuit, but at our Center for Judicial Performance and Integrity, we focus research and advocacy on ways the judiciary can maintain its independence and foster confidence in its impartiality. How the judiciary manages conflicts between its judges and other parties has an enormous impact on the trust the public places in its judges to be fair and impartial in their cases. While Judge Ryan has a right to pursue redress in the courts for a potential injury, the courts have a duty to consider how the handling of his case will affect public perception of the integrity of the system.
The Illinois Rules of Judicial Behavior generally follow the ABA Model Code of Judicial Ethics, requiring a judge to “uphold the integrity and independence of the judiciary.” In the performance adjudicative responsibilities, judges must avoid the appearance of impropriety or bias. The Rules are concerned with the perception of bias in the court, not the fact of bias in the court. Therefore, the court is to be commended for taking appearances seriously in the conduct of this lawsuit.
Issues of public confidence in judicial impartiality, fairness and integrity are long-standing, particularly in Illinois.
20 years ago, the Special Commission on the Administration of Justice in Cook County chaired by Jerold Solovy recommended creation of an inspector general for the state courts and improvements to the state agency that investigates judicial misconduct.
10 years ago, the National Center for State Courts released the 2000 action plan for public confidence and trust in the judiciary. The Plan noted that only 23% of respondents to their survey on public trust in the judiciary had a “great deal of trust” in their local courts. The Plan called this a “lukewarm endorsement” which “placed courts in the middle range of trust in American institutions.” The Plan offered ways to improve public confidence in the judiciary by combating perceptions of bias.
At Chicago Appleseed, we believe in the power of oversight to promote the fair and independent administration of justice. We are committed to work that improves the both public perception of the judiciary and the administration of justice.