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Shaping and Reshaping the U.S. Judiciary

Posted on Jan 25 , 2006 in Courts & PR

In a story in the Rocky Mountain News, former Colorado Supreme Court Justice Rebecca Love Kourlis unveiled a new institute aimed at improving and reshaping the U.S. judiciary.

"It is susceptible to abuse by those with the intent, money, power or time to exploit it," said Kourlis. "That it appears complex, intimidating or unfair to many people is unacceptable. Americans are increasingly expecting, and demanding, that the legal system be retooled," she said.

Kourlis, who resigned from Colorado's Supreme Court this month, will become the executive director of the Institute for the Advancement of the American Legal System at Denver University.

One of her first goals is to repair the legal system. Kourlis said the American legal system must be accessible for everyone and must provide justice that is "impartial, fair, effective, consistent and timely." Kourlis received an initial grant from the Charles and June Gates Family Fund totaling $3 million. "We have no agenda," Kourlis said, "except to make the system better."Attacks on the judiciary, from tort reform to Congressional barbs over the Schavo case, have placed the judiciary in the crosshairs of debate. The barbs of 2005 led the Justice at Stake Campaign to develop a PR campaign titled, "Speak to American Values: A Handbook for Winning the Debate for Fair and Impartial Courts." The document provides speaking points about how courts protect the Constitution and counterpoints to attacks on the power of courts to uphold Constitutional law. Justice at Stake is funded by grants from the Carnegie Corporation of New York, the Joyce Foundation, the Open Society Institute, and the Public Welfare Foundation. It also has partners, including the National Center for State Courts and the American Bar Association.

A key finding of the report indicates the American public strongly support a court system that is free from political influence and strongly oppose making judges accountable to the Congress. The focus groups indicated those surveyed strongly support having the courts provide checks and balances and judges not be hindered by the legislative or executive branches in doing their jobs.

The report found that terms such as "judicial activism" energize those groups who already dislike the courts, however these terms don't resonate with most Americans. Justice at Stake recommends that courts stick to a core message: that Americans want strong courts to protect individual rights and offer equal justice for all.