Aktualne kierunki rozwoju władzy sądowniczej. Marsz Tysiąca Tóg rok później
New Hampshire was one of the first states to adopt the ABA Code of Conduct for judges. In addition, the Court itself established a Judicial Conduct Committee by court rule. The committee is composed of public members, judicial members, and attorneys. The significant aspect of the commission is that the majority of the 13 are public members who may not be attorneys or judges, some appointed by the legislature, some appointed by the governor, and some appointed by the court.
Unlike Polish judges who have been subjected to disciplinary proceedings for judicial decisions they have rendered, for public statements criticizing the government’s policy, and for participation in public events, judges in the U.S. cannot be disciplined for judicial decisions, and they are allowed to comment on matters affecting the administration of justice.
As for possible reforms in the United States, a major area of concern is the implicit bias and the racial imbalance which exists in the judicial system, as it does in other facets of society. While people of color are overrepresented in arrests, as defendants in criminal cases and as prisoners, they are underrepresented as judges, clerks, and employees. In addition it is generally agreed that the system inherently favors the wealthy and handicaps the poor.
Reform of police practices are also likely to occur. Including, the way they are trained, the way they police the community, the way they investigate crimes, and the way they present evidence in court.
Disparity in the way cases are prosecuted, and sentences are imposed will undoubtedly be examined. There is a well-accepted principle, that has to be reinforced, that prosecutors have a responsibility not just to prosecute individuals for crimes but to see that justice is done, as well.
There will probably be reforms in sentencing, including expanding diversion programs, and drug courts. Continuing judicial education will continue, including in ethics, unconscious bias, and the goals of sentencing.
Change can be positive, but public trust and independence of the judiciary must be a goal. Undoubtedly we will be concentrating in the next four years, upon reforms to reinforce the independence of the judiciary and to make certain that the chaos created by the attempts to subvert democracy and ignore constitutional norms will always be rejected by the courts.
Poland has given us outstanding individuals like Pope John Paul II, Nobel Peace Prize laureate, and statesman, Lech Walesa, and Justice Teresa Roemer. New Hampshire gave the United States a great statesman, Daniel Webster. Over a hundred and fifty years ago Daniel Webster gave a speech in which he said:
„Justice is the greatest interest of man on earth. It is what holds civilized beings and civilized nations together. Wherever the temple of justice stands, and so long as it is duly honored, there is a foundation for security, happiness and the improvement and progress of mankind. And those who labor on this temple with usefulness and honor, who clear its foundations, strengthen its pillars, or contribute to raise its noble dome still higher in the skies, connect themselves, in name and fame and character, with that which is and must be, as durable as the frame of human society67.
In a democracy the political leaders eventually discover, as we have discovered that an independent judiciary is good for the country. It inspires public confidence. It gives legitimacy to government.
In the United States we have just had a good reminder that no matter what is written in a constitution, a law, or a rule, men and women of high moral character and honest motivation are necessary to insure the continued viability and success of our democracies.
These are challenging times for Poland and for the United States.
I congratulate the judges of Poland and the international organizations gathered here to support the independence of the judiciary.
Thank you for including me in this important undertaking.