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September 2011 Study Materials

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LWVDC General Meeting and Issues Forum
Wednesday, September 7, 2011
“The Many Factors of Judicial Independence”

Study Materials (click the links for PDFs of these materials):

  • Stephen G. Breyer, “Judicial Independence in the United States” (1996 St. Louis University School of Law)
  • Scott Gitterman, “Taking on Big money: How Caperton Will Change Judicial Disqualification Forever” (2011 Nova Law Review)
  • Ronald D. Rotunda, “Constitutionalizing Judicial Ethics: Judicial Elections After Republican Party of Minnesota v. White, Caperton, and Citizens United” (2011 Arkansas Law Review)

Discussion Questions:

  1. How did this presentation and the readings affect your thinking regarding judicial independence? What surprised you or prompted you to think about the issue in a different way?
  2. The level of polarization at both the state and federal levels is high. Given this environment, how important is judicial independence? Are views of judicial independence changing? And if so, how?
  3. Supreme Court Justice Breyer writes that citizens “behave according to the law” when there is assurance that “cases are head by impartial judges, who are free from the influences of political actors, and who decide independently according to the law.” Recent events in Wisconsin have put into question the impartiality of our State Supreme Court. What might the League do to support judicial independence in Wisconsin?
  4. Thinking about the readings and the presentation, what questions ought the League pose to judicial candidates in the next round of Wisconsin elections?
  5. Rotunda cites surveys indicating that 70-80% of voters have concerns about campaign contributions from special-interest groups influencing elected judges; yet a similar percentage of voters do not support merit selection as an alternative to general elections. So what is the right path forward? What judicial selection option best supports judicial independence? Why?

Recent Publications by Justice Roggensack:

  • “Plains Commerce Bank’s Potential Collision with the Expansion of Tribal Court Jurisdiction by Senate Bill,” 38 U. Balt. L. Rev. 29 (Fall 2008)
  • “To Begin a Conversation on Judicial Independence,” 91 Marq. L. Rev. 535 (Winter 2007)
  • “Elected to Decide: Is the Decision-Avoidance Doctrine of Great Weight Deference Appropriate in this Court of Last Resort,” 89 Marq. L. Rev. 541 (Spring 2006)