If It’s Broken, Fix It …

We find it hard to believe that anyone in America today would think that our American judicial system is not broken – and broken at all levels, at that!

Fixing a broken judicial system will require systemic changes addressing various issues such as access to justice, fairness, efficiency, accountability, transparency, de-politization, and ethics.

The following initiatives, over time, will help improve the American judicial system, in our opinion:

• Improving judicial transparency and accountability: Establishing mechanisms for evaluating judges' performance and ensuring transparency in their decision-making processes will dramatically impact how the American public views our judicial system today. These mechanisms must include regular performance evaluations, public access to court proceedings and judgments, and disciplinary action for misconduct, including obfuscation and delay.

• Reducing case backlogs: Implementing measures to reduce cases in courts requires additional funding for operations and personnel.  It must happen. This would involve increasing the number of judges and court staff, streamlining procedures, and encouraging alternative dispute resolution methods such as mediation and arbitration where appropriate.  It might also include adding a new layer of courts, such as immigration assessment courts, to the judicial infrastructure of our nation.

• Increasing access to justice: This means, for example, ensuring that everyone, regardless of their socio-economic status, has equal access to legal representation and the court system. This involves providing legal aid to those who cannot afford it and simplifying legal processes to make them more accessible.  Justice must genuinely be impartial to work correctly.

• Reforming laws and sentencing practices: This initiative will entail evaluating existing laws and sentencing practices to ensure they are fair, proportionate, and effective. It will also include revising sentencing guidelines, promoting alternatives to incarceration for non-violent offenses, and addressing disparities in sentencing outcomes.

• Constitutional and legislative reforms: Considering constitutional and legislative reforms to strengthen the independence of the judiciary, clarify judicial powers and responsibilities, and enhance the protection of fundamental rights is essential at the forefront of any reform efforts.

• Enhancing technology and infrastructure: Investing in technology and infrastructure to modernize court operations and improve efficiency will help the judicial system overcome many of its shortcomings. This will include implementing electronic filing systems, video conferencing for hearings, and online dispute resolution platforms.

• Addressing bias and discrimination: Reforming our judicial system must include taking steps to address bias and discrimination within it. This could involve providing diversity training for judges and court staff, implementing policies to promote diversity in the legal profession, and ensuring that court decisions are free from bias.

• Promoting legal education and community awareness goes hand in hand with addressing bias and discrimination. Increasing public awareness about legal rights and responsibilities through education and outreach programs will benefit reform efforts. This could also help empower individuals to navigate the legal system more effectively and reduce the likelihood of disputes escalating into costly legal battles.

• Collaborating with stakeholders: Fostering collaboration between the judiciary, legal professionals, government agencies, and civil society organizations to identify challenges and develop solutions collaboratively will significantly improve how the American judicial system operates at all levels – local, state, and federal.

• Long-term planning and continuous improvement: Developing long-term strategies for improving the judicial system and regularly evaluating progress to identify areas for further improvement go without question.

• Binding ethics policies:  The Supreme Court has proven this need many times over the past few decades, especially recently. Ethics rules must be binding, and Congress must establish them to have bite.

Our work here will be monumental but essential for our nation's health.