The U.S. Supreme Court: Equal Justice Under the Law by U.S. Department of State - HTML preview

U.S. Bankruptcy Court.

I am the public information officer at

the U.S. Supreme Court and the fifth person to hold the

position, which was created in 1935. The chief justice at the time realized that the court opinions were being reported inaccurately by the media, or not reported at all. To correct the problem, the Public Information Office was established to be the source for information about the court and a point of contact for reporters and the public. I serve as the court’s spokeswoman. My primary responsibilities are to educate the public about the history and function of the court, to release the court’s orders and opinions from my office at the same time that they are announced by the justices in the courtroom, and to facilitate accurate and informed media coverage.

The Supreme Court press corps is comprised of approximately 35 people from 18 news organizations who are assigned to

cover the court on a full-time basis. But for high-profile cases, more than 100 reporters might come to the court. The court provides a pressroom for reporters to use. Journalists who cover the court on a regular basis are given assigned spaces to work.

Portraits: Collection of the Supreme Court of the United States 22 The U.S. Supreme Court: Equal Justice Under the Law

THE COURT AND THE WORLD

Judges Coming Together: International Exchanges and

the U.S. Judiciary

By Mira Gur-Arie

Mira Gur-Arie is director of the International Judicial Relations Office of the Federal Judicial Center, the education and research agency for the U.S. federal courts. She outlines programs available for judges from around the world to exchange information and support in their shared mission to uphold the rule of law.

The United States courts have experienced the impact of

well over 2,000 judges and lawyers from abroad. In

globalization in many ways. With increasing frequency,

2012, the Supreme Court of the United States received

litigation involves evidence located abroad, foreign law, and more than 800 visitors representing over 95 countries.

international treaties, putting judges in contact with legal Among these were justices from the supreme courts of

issues from around the world. This has, in turn, inspired in Morocco, Kosovo, and the Philippines.

U.S. judges a growing interest in the legal world outside their Judicial delegations from other countries do not visit only jurisdiction, with many American judges hosting visits from Washington. Federal courts all over the United States host foreign jurists and participating in conferences and technical visiting judges, providing an opportunity to observe trials, assistance projects abroad. These international exchanges are learn about courtroom technology and speak with their

much valued and mutually rewarding, enabling judges to

U.S. counterparts about the role of a judge in the United exchange insights about the challenges and rewards of a

States. More than 150 judges and court officials visited the judge’s role in preserving the rule of law.

Massachusetts District Court in 2012, including judges

The U.S. judiciary has much to share, with its long

from Romania, Brazil, and China; California’s Northern

history of independence, its developed jurisprudence,

District Court in San Francisco also hosts judges and court and its rich experience with administering a large and

officials from other countries, with more than 15 delegations diverse court system. Each year the United States hosts

visiting the court each year; six judges from Jordan were Chief Justice John Roberts talks with members of the Supreme Court of Albania delegation.

Collection of the Supreme Cour t of the United States among the visitors to Utah’s District Court in 2012. In some Visitors to the U.S. courts often

cases judges from other countries participate in extended professional exchanges as interns or “guest research judges.”

comment on the deep-rooted

The Massachusetts court has hosted judges from South Korea, China, and Turkey for such longer visits; these programs

tradition of judicial independence

enable the visiting judges to acquire a more in-depth

understanding of U.S. judicial practice, observe different in the United States and the many

phases of court proceedings, and learn about the legal

practical and physical advantages

research and judgment drafting process.

Despite the diversity of the countries represented, the questions this confers on a judge’s work.

that emerge during these exchanges resonate with a single theme: How can judges and judicial systems work more effectively?

as many of the terms of art that define legal systems (trial, Visiting judges want to know about judicial administration, appeal, plea bargain) may have different meanings.

strategies U.S. judges have employed to manage their caseloads efficiently, developing training for judges and court personnel, Visitors to the U.S. courts often comment on the deep-rooted and the U.S. experience with implementing and enforcing a tradition of judicial independence in the United States and judicial code of conduct.

the many practical and physical advantages this confers on a judge’s work. One significant advantage enjoyed by

During visits, foreign judges observe a broad range of

federal judges in the United States is their life tenure — a proceedings: case conferences, criminal case arraignments tenure protected from political caprice and unrest. The

and bail hearings, trials, oral arguments, and bankruptcy U.S. courts are also well resourced, with a number of new proceedings. Perhaps most importantly, visiting judges have courthouses, extensive automation, and administrative

the opportunity to speak one-on-one with U.S. judges.This agencies and staff that greatly facilitate a judge’s work.

judge-to-judge sharing of experience provides visitor and host alike useful insights about judging.

Some visiting judges spend time with representatives of the institutions that support the work of the U.S. judiciary. The COMMON BONDS

Judicial Conference of the United States is the policymaking body for the federal courts. Its Committee on International Certainly, both visitor and host are impressed with their Judicial Relations coordinates many of the judiciary’s

shared sense of role and mission, despite differences in their exchanges with other countries, identifying judges with

countries’ legal traditions, mechanisms of adjudication, and particular areas of expertise to participate in judicial devel-resources. Throughout the world, it is the judge’s responsibility opment projects and facilitating visits by foreign delegations to maintain the dignity of court proceedings and ensure that to U.S. courts across the country. These efforts are supported the rights of litigants are respected. Judges often discover that by staff from the Administrative Office of the U.S. Courts, the the great burden of this responsibility, and the often solitary agency responsible for the judiciary’s administrative, legal and avocation of judging, is a cross-cultural phenomenon — a

management affairs. Each year the Administrative Office hosts realization that enables an ease of communication with their foreign judges and court administrators in its Washington colleagues from other countries.

offices to discuss topics ranging from court automation and This openness enables these conversations to lead to

the budget process to media relations and court security.

candid exchanges about the benefits and disadvantages of

The Federal Judicial Center is the research and education different judicial systems. Judges visiting the United States agency for the U.S. federal courts. The Center’s imple-are keen to learn about the many unique features of the

menting legislation was amended in 1991 to include a

U.S. courts. Judges from countries without jury systems

mandate to “provide information to help improve the

have the opportunity to observe jury selection and the

administration of justice in foreign countries and to

trial process; they immediately note the difference between acquire information about the judicial systems of other

reality and Hollywood’s depictions, and they often admire nations that will improve the administration of justice in the relationship of mutual respect that develops between the the courts of the United States.”

jurors and the judge. Similarly, U.S. judges, deeply acculturated to the common law tradition, are often surprised to This statutory directive underscores the recognition that the learn about the duties and powers of an investigative judge U.S. judiciary’s engagement with its foreign counterparts is in civil law countries. They are also intrigued with the very a two-way street, offering an opportunity not only to share different orientation of court proceedings that rely more lessons learned in the United States but also to develop an on paper submissions by attorneys than the taking of oral understanding of how other nations structure their court

testimony in court. Such conversation and debate among

systems. The center’s Visiting Foreign Judicial Fellows program jurists may best be initiated by a discussion of vocabulary, provides an opportunity for foreign judges to pursue more focused research projects and spend time visiting courts and 24 The U.S. Supreme Court: Equal Justice Under the Law

25

meeting with U.S. judges. Recent fellows have included an Although offering a more formal setting, international confer-attorney from a Bulgarian nongovernmental organization

ences provide a valuable venue for judges from the United States working on judicial reform initiatives; a judge from Jordan to learn from and share with their foreign colleagues. These who worked on a paper about judicial independence; and a

conferences are sponsored by international and nongovernmental research judge from the Constitutional Court of Korea who organizations as well as private institutions and universities.

studied the case selection and conference methods of the U.S.

The International Association of Judges is an association of Supreme Court.

national judicial organizations from countries throughout the world. Its annual meetings focus on the status of the judiciary, PROFESSIONAL EXCHANGES

law and procedure, and other issues of interest to judges.

A number of organizations and institutions in the United States facilitate transnational judicial exchanges. The Open World The International Organization for Judicial Training (IOJT) Program, funded by the U.S. Congress, was created with the was established in 2002 in order to promote the rule of law by broad mission of furthering “cooperation between the United supporting the work of judicial education institutions around States and the countries of Eurasia and the Baltic States” by the world. IOJT convenes biannual conferences that provide facilitating professional exchanges focusing on democratic and a forum for judges and judicial educators to discuss modern accountable government. Since its inception in 1999, Open teaching methods, distance education technologies and strategies World’s rule of law program has brought to the United States for improving the capacity of their judicial training institutes.

more than 12,000 judges and court professionals from Russia, The Brandeis Institute for International Judges also serves a more Ukraine, Lithuania, and Uzbekistan for week-long visits to discrete aspect of international judicial cooperation, providing a U.S. courts across the country.

forum for judges serving on international courts and tribunals to share experiences and discuss best practices.

Perhaps most active in supporting the U.S. judiciary’s work with other nations is the U.S. State Department. Judges from These judicial exchanges are valued for many reasons.

the United States travel to countries including Peru, Austria, Global interdependence can be felt in virtually every facet of Cambodia, Burkina Faso and Tunisia. The U.S. Department of modern life, and the work of the judiciary is no exception.

Justice also works closely with U.S. judges as part of its interna-This phenomenon is evidenced by the growing numbers of

tional technical assistance efforts, sending U.S. judges to Georgia, cross-border disputes, as well as by greatly increased access Nepal, and the United Arab Emirates, among other countries, and to information, images, and legal decisions from judiciaries bringing delegations from abroad to the United States.

around the world.

Similarly, the U.S. Agency for International Development

The opportunity to meet with and learn from judges who

integrates judicial development projects and exchanges as have experienced different educational systems, appointment part of its Democracy and Governance projects. The reach

processes, and practical challenges is invaluable. Judges are and breadth of these efforts illustrate not only the deep given the opportunity to see the mechanics of justice through commitment of the United States to facilitating international fresh eyes and revisit their own professional procedures and judicial exchanges, but the strong interest of judges in working practices with a new perspective. Differences in language and with their colleagues around the world.

tradition are no bar to appreciating each other’s common sense of purpose — the commitment to justice and upholding the

public’s trust. 1

The opinions expressed in this article do not necessarily reflect the views or policies of the U.S. government.

The U.S. State Department and the U.S. Agency for International Development (USAID) have judicial exchange programs. In Colombia USAID installed virtual courtrooms which allow justice to reach remote areas of the country. ©USAID

24

The Court and the World

25

26 The U.S. Supreme Court: Equal Justice Under the Law

27

THE JUDGES

The Justices of the U.S. Supreme Court

The official portrait of the nine U.S. Supreme Court Justices. Seated, from left: Associate Justices Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts Jr., Associate Justices Anthony Kennedy, Ruth Bader Ginsberg. Standing from left: Associate Justices Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito Jr. and Elena Kagan. Collection of the Supreme Court of the United States 26

The Judges

27

John G. Roberts Jr., chief justice of

Antonin Scalia, associate justice,

Anthony M. Kennedy, associate

the United States, was born in Buffalo,

was born in Trenton, New Jersey,

justice, was born in Sacramento,

New York, January 27, 1955. He

March 11, 1936. He married Maureen

California, July 23, 1936. He married

married Jane Marie Sullivan in 1996,

McCarthy and has nine children: Ann

Mary Davis and has three children.

and they have two children, Josephine

Forrest, Eugene, John Francis, Catherine

He received a bachelor’s degree from

and John. He received a bachelor’s

Elisabeth, Mary Clare, Paul David,

Stanford University and the London

degree from Harvard College in 1976

Matthew, Christopher James, and

School of Economics, and his law

and a law degree from Harvard Law

Margaret Jane. He received a bachelor’s

degree from Harvard Law School. He

School in 1979. He served as a law clerk

degree from Georgetown University and

was in private practice in San Francisco,

for Judge Henry J. Friendly of the U.S.

the University of Fribourg, Switzerland,

California, from 1961 to 1963 as well

Court of Appeals for the Second Circuit

and a law degree from Harvard Law

as in Sacramento, California, from

from 1979 to 1980 and as a law clerk

School, and was a Sheldon Fellow of

1963 to 1975. From 1965 to 1988,

for then–Associate Justice William H.

Harvard University from 1960 to 1961.

he was a professor of constitutional

Rehnquist of the Supreme Court of the

He was in private practice in Cleveland,

law at the McGeorge School of Law,

United States during the 1980 term.

Ohio, from 1961 to 1967, a professor

University of the Pacific. He has

He was special assistant to the attorney

of law at the University of Virginia from

served in numerous positions during

general, U.S. Department of Justice,

1967 to 1971, a professor of law at the

his career, including a member of the

1981 to 1982; associate counsel to

University of Chicago from 1977 to

California Army National Guard in

President Ronald Reagan, White House

1982 and a visiting professor of law at

1961, the board of the Federal Judicial

Counsel’s Office, 1982 to 1986; and

Georgetown University and Stanford

Center from 1987 to 1988, and two

principal deputy solicitor general, U.S.

University. He was chairman of the

committees of the Judicial Conference

Department of Justice, 1989 to 1993.

American Bar Association’s Section of

of the United States: the Advisory Panel

From 1986 to 1989 and 1993 to 2003,

Administrative Law 1981 to 1982 and

on Financial Disclosure Reports and

he practiced law in Washington. He was

its Conference of Section Chairmen

Judicial Activities, subsequently renamed

appointed to the U.S. Court of Appeals

1982 to 1983. He served the federal

the Advisory Committee on Codes of

for the District of Columbia Circuit

government as General Counsel of the

Conduct, from 1979 to 1987, and the

in 2003. President George W. Bush

Office of Telecommunications Policy

Committee on Pacific Territories from

nominated him as chief justice of the

from 1971 to 1972, chairman of the

1979 to 1990, which he chaired from

United States, and he took his seat on

Administrative Conference of the United

1982 to 1990. He was appointed to the

September 29, 2005.

States from 1972 to 1974, and assistant

U.S. Court of Appeals for the Ninth

attorney general for the Office of Legal

Circuit in 1975. President Ronald

Counsel from 1974 to 1977. He was

Reagan nominated him as an associate

appointed judge of the U.S. Court of

justice of the Supreme Court, and he

Appeals for the District of Columbia

took his seat February 18, 1988.

Circuit in 1982. President Ronald

Reagan nominated him as an associate

justice of the Supreme Court, and he

took his seat September 26, 1986.

28 The U.S. Supreme Court: Equal Justice Under the Law

29

Clarence Thomas, associate justice,

Ruth Bader Ginsburg, associate

Stephen G. Breyer, associate justice,

was born in the Pin Point community

justice, was born in Brooklyn, New

was born in San Francisco, California,

of Georgia near Savannah June 23,

York, March 15, 1933. She married

August 15, 1938. He married Joanna

1948. He married Virginia Lamp in

Martin D. Ginsburg in 1954, and has

Hare in 1967, and has three children:

1987 and has one child, Jamal Adeen,

a daughter, Jane, and a son, James.

Chloe, Nell and Michael. He received

by a previous marriage. He attended

She received a bachelor’s degree from

a bachelor’s degree from Stanford

Conception Seminary and received

Cornell University, attended Harvard

University, a bachelor’s degree from

a bachelor’s degree, cum laude, from

Law School, and received a law degree

Magdalen College, Oxford, and a law

Holy Cross College and a law degree

from Columbia Law School. She served

degree from Harvard Law School. He

from Yale Law School in 1974. He was

as a law clerk to Edmund L. Palmieri,

served as a law clerk to Justice Arthur

admitted to law practice in Missouri

judge of the U.S. District Court for the

Goldberg of the Supreme Court of the

in 1974, and served as an assistant

Southern District of New York, from

United States during the 1964 term, as

attorney general of Missouri from 1974

1959 to 1961. From 1961 to 1963,

a special assistant to the assistant U.S.

to 1977, an attorney with the Monsanto

she was a research associate and then

attorney general for antitrust, 1965 to

Company from 1977 to 1979, and legis-

associate director of the Columbia

1967, as an assistant special prosecutor of

lative assistant to Senator John Danforth

Law School Project on International

the Watergate Special Prosecution Force,

from 1979 to 1981. From 1981 to 1982,

Procedure. She was a professor of law

1973, as special counsel of the U.S. Senate

he served as assistant secretary for civil

at Rutgers University School of Law

Judiciary Committee, 1974 to 1975, and

rights, U.S. Department of Education,

from 1963 to 1972 and Columbia Law

as chief counsel of the committee, 1979

and as chairman of the U.S. Equal

School from 1972 to 1980, and a fellow

to 1980. He was an assistant professor,

Employment Opportunity Commission

at the Center for Advanced Study in

professor of law, and lecturer at Harvard

from 1982 to 1990. He became a judge

the Behavioral Sciences in Stanford,

Law School, 1967 to 1994, a professor at

of the U.S. Court of Appeals for the

California, from 1977 to 1978. In 1971,

the Harvard University Kennedy School

District of Columbia Circuit in 1990.

she was instrumental in launching the

of Government, 1977 to 1980, and a

President George H.W. Bush nominated

Women’s Rights Project of the American

visiting professor at the College of Law,

him as an associate justice of the

Civil Liberties Union, and she served as

Sydney, Australia, and at the University of

Supreme Court, and he took his seat

the ACLU’s general counsel from 1973

Rome. From 1980 to 1990, he served as a

October 23, 1991.

to 1980, and on the National Board of

judge of the U.S. Court of Appeals for the

Directors from 1974 to 1980. She was

First Circuit, and as its chief judge, 1990

appointed a judge of the U.S. Court of

to 1994. He also served as a member of

Appeals for the District of Columbia

the Judicial Conference of the United

Circuit in 1980. President Bill Clinton

States, 1990 to 1994, and of the U.S.

nominated her as an associate justice of

Sentencing Commission, 1985 to 1989.

the Supreme Court, and she took her

President Bill Clinton nominated him as

seat August 10, 1993.

an associate justice of the Supreme Court,

and he took his seat August 3, 1994.

Portraits: Collection of the Supreme Court of the United States 28

The Judges

29

Samuel Anthony Alito Jr., associate

Sonia Sotomayor, associate justice,

Elena Kagan, associate justice,

justice, was born in Trenton, New Jersey,

was born in Bronx, New York, on June

was born in New York on April 28,

April 1, 1950. He married Martha-Ann

25, 1954. She earned a bachelor’s degree

1960. She received a bachelor’s degree,

Bomgardner in 1985, and has two

in 1976 from Princeton University,

summa cum laude, in 1981 from

children: Philip and Laura. Educated

graduating summa cum laude and

Princeton University. She attended

at Princeton University and Yale Law

receiving the university’s highest

Worcester College, Oxford University, as

School, he served as a law clerk for

academic honor. In 1979 she ear