NCJ Number
83510
Journal
Judges' Journal Volume: 21 Issue: 2 Dated: (Spring 1982) Pages: 8-11,52-53
Date Published
1982
Length
6 pages
Annotation
The chief justice of California comments on the role of the courts, with emphasis on the new burdens which courts face and the need for the judiciary to promote both a sense of community and the protection of individual rights.
Abstract
The courts' traditional role of protecting individuals against government encroachments is becoming increasingly difficult to to fulfill. Society has become increasingly bureaucratic and the sense of shared community values is breaking down. In addition, people are becoming increasingly dependent on the government for their livelihoods and sustenance. Moreover, the courts are becoming increasingly politicized by the referral of more and more issues by the legislative and executive branches of the government. As a result of these changes, disputes which formerly would have been resolved in community institutions such as neighborhoods or families or in the nonjudicial branches of government are being brought before the courts. At the same time, public distrust of the judicial system is growing, in part because of the growing number of political issues which the courts are being asked to decide. To survive this dilemma and maintain themselves as protectors of individual rights, the courts must perform the difficult task of removing themselves from the politics of the moment without isolating themselves from the current realities. At the same time, the courts must remain open to public scrutiny, as long as such scrutiny does not prejudice fairness. Openness will help build public respect. The judiciary must also ensure both the litigation's and the community's sense of participation in the judicial process by dealing directly, openly, and compassionately with all who come before the courts. Finally, lawyers must realize that litigation is not the best method for resolving all disputes.