Judicial Discipline and Judicial Independence

Lubet, Steven

doi:10.2307/1192416

Cited by 6 publications

(2 citation statements)

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“…Judicial independence allows judges to make decisions consistent with governing law and the facts of a case and thereby facilitates judges' impartiality and maximizes the equality before the law of citizens who may have unequal power and resources (Meron 2005). Judicial independence does not mean unfettered judicial power, as judges must be held accountable if they fail to follow the law (Burbank et al 2002:4; Dung 2003:27–9; Lubet 1998; Salzberger & Fenn 1999; Solomon 2002; Spitzer & Talley 2000). Still, the quest for accountability should not interfere with free judicial decisionmaking within the bounds of the law.…”

Section: Achieving Good Judicial Performancementioning

confidence: 99%

The Effects of National and Local Funding on Judicial Performance: Perceptions of Russia's Lawyers

Baird

Javeline

2010

Law Soc Rev

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Courts that perform well are the cornerstone of the rule of law and democratic development. When courts are perceived as legalistic, fair, impartial, and independent of the influence of extrajudicial actors, aggrieved individuals are more likely to pursue litigation over other, potentially unlawful, alternatives. Using original data from surveys of more than 1,800 randomly sampled lawyers in 12 Russian cities, we investigate the effects of perceived government funding and power diversification on a variety of indicators of perceived judicial performance. We find that, according to lawyers, financial dependence on the national government has no independent effect on judicial performance, but financial dependence on local governments has consistently significant negative effects. We also find that diversified political power has consistently significant positive effects on perceived judicial performance, probably because the diversification makes courts seem less vulnerable to unified pressure from political actors.

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Section: Achieving Good Judicial Performancementioning

confidence: 99%

The Effects of National and Local Funding on Judicial Performance: Perceptions of Russia's Lawyers

Baird

Javeline

2010

Law Soc Rev

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“…State judges have experienced highly publicized threats to judicial independence (Lubet, 1998). California Chief Justice Rose Bird and two associate justices were removed from the bench in 1986 as the electorate expressed displeasure with a series of controversial rulings expanding rights of convicted felons and overturning 61 death penalty cases.…”

Section: The Setting: Independence and Accountability In State Judicial Systemsmentioning

confidence: 99%

Who Watches the Watchmen?

Paynter

Kearney

2009

Administration & Society

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Scholars and human resource practitioners agree that effective performance appraisal systems have clear objectives, reliable and valid appraisal methodology, separation of personal judgments from job-based performance assessments, acceptance by employees, and leadership commitment. Using data from state reports, surveys, case histories, personal interviews, and judicial performance appraisal studies, this article juxtaposes judicial performance evaluation (JPE) and the criteria for effective appraisal systems to address the question of whether judicial independence can be preserved when judges' performance is systematically evaluated by multiple raters. The authors conclude that JPE is an effective performance appraisal tool that can satisfy the need for accountability to the public while protecting judicial independence.

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Disciplinary Liability of a Judge for a Legal Error: A Threat to Judicial Independence?

Pashuk¹

2019

Judicial Power in a Globalized World

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Judicial Discipline and Judicial Independence

Cited by 6 publications

References 0 publications

The Effects of National and Local Funding on Judicial Performance: Perceptions of Russia's Lawyers

The Effects of National and Local Funding on Judicial Performance: Perceptions of Russia's Lawyers

Who Watches the Watchmen?

Disciplinary Liability of a Judge for a Legal Error: A Threat to Judicial Independence?

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