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Judges, courts under fire, O'Connor says

Being a check on other branches risks 'retaliation'

Tillie Fong, Rocky Mountain News

Published October 11, 2007 at midnight

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Former U.S. Supreme Court Justice Sandra Day O'Connor said Wednesday night that judges and the courts have come under fire more and more in recent years for fulfilling their role as a check on the other branches of government.

"It's an epidemic," said O'Connor, who served as the first woman on the Supreme Court. "Our judges are far better than those in Russia, or Zimbabwe, or Ecuador or Uganda, but there are efforts in our own country to retaliate against judges."

She was in Denver on Wednesday night to accept the inaugural Transparent Courthouse award from the Institute for the Advancement of the American Legal System at the University of Denver.

The institute is a national, nonpartisan group dedicated to improving the process and culture of the U.S. legal system.

While O'Connor said she was honored by the award, she also warned the audience that courts in the U.S. at times come under fire for balancing the legislative and judicial branches.

O'Connor said she was disturbed by legislation and proposals that would limit judges' terms or allow judges to be removed - measures that would impact judicial independence.

She said that those in the legal field need to make changes to address the concerns of people who no longer trust in the judicial system.

"We have to go work on the problem and make it better," she said.

O'Connor also said that part of the problem is that many Americans are ignorant of what role the courts play in government.

"Fewer American teenagers can identify the three branches of government, yet can identify the 3 Stooges," she said, adding that she enjoys the antics of Larry, Curly and Moe.

O'Connor said it was important to have students take civics or government classes in order to understand how courts work but acknowledge that teachers have to come up with innovative ways to engage students.

"Students should be encouraged to explore," she said, adding that mock trials, teen court, and student government are some things that could be tried.