Priority 2: Enhancing Public Trust and Strengthening Relationships with Other Branches of Government

Priority Description

The judiciary is an independent branch of government with the solemn responsibility of safeguarding constitutional rights and liberties.

The ability of courts to fulfill their mission and perform their functions roots itself in the public’s understanding of, and its trust and confidence in, the judiciary. In large part, the judiciary earns that trust and confidence by faithfully performing its duties; adhering to ethical standards; ensuring random case assignment; effectively carrying out internal oversight, review, and governance responsibilities; and maintaining accountability for any failure to observe scrupulous adherence to ethical standards. Transparency in efforts to hold judges and judiciary personnel accountable for any misconduct helps foster public trust and confidence. Public understanding of the judiciary can also be enhanced through civics education.

An effective relationship with Congress is critical to success in securing adequate resources. The judiciary must provide Congress timely and accurate information about issues affecting the administration of justice. The judiciary must also continue to communicate to Congress its comprehensive system of oversight and review, which ensures the integrity of financial information; provides comprehensive financial reporting; and builds upon its foundation of internal controls and methods to prevent and detect fraud, waste, and abuse.

The judiciary’s relationship with the executive branch is also critical, particularly in areas where the executive branch has primary administrative or program responsibility, such as reporting on annual government-wide financial activity, judicial security, and facilities management. 

Ongoing communication about Judicial Conference goals, policies, and positions may deepen the judiciary’s overall relationships with Congress and the executive branch. By seeking opportunities to enhance communication among the three branches, the judiciary can strengthen its role as an equal branch of government while improving the administration of justice. At the same time, the judiciary must continue to preserve an appropriate degree of self-sufficiency and discretion in conducting its own affairs.

Public perceptions of the judiciary are often colored by misunderstandings about the institutional role of the federal courts and the limitations of their jurisdiction, as well as attitudes toward federal court decisions on matters of public interest and debate. Changes in social media and communication will continue to play a key role in how the judiciary is portrayed to and viewed by members of the public.

These changes provide the judicial branch an opportunity to communicate broadly with greater ease and at far less cost. However, they also present the challenge of ensuring that judiciary information is complete, accurate, and timely. This challenge is especially difficult because judges are constrained in their ability to participate in public discourse. This plan includes six strategies to enhance public trust in the judiciary and strengthen relations with the other branches of government:

• 2.1:   Assure high standards of conduct and integrity for judges and employees.
• 2.2:   Hold accountable any judges and judiciary personnel who engage in misconduct, and be transparent, in furtherance of statutory and other requirements and consistent with confidentiality and privacy requirements, about accountability for misconduct.
• 2.3:   Continue to implement a comprehensive approach to enhancing relations between the judiciary and Congress.
• 2.4:   Strengthen the judiciary’s relations with the executive branch.
• 2.5:   Improve the sharing and delivery of information about the judiciary.
• 2.6:   Encourage involvement in civics education activities by judges and judiciary employees. 

Strategy 2.1

Assure high standards of conduct and integrity for judges and employees.

Background and Commentary

Judges and judiciary employees are guided by codes of conduct, internal policies, and robust accountability mechanisms within the judiciary that work together to uphold standards relating to the conduct and management of public resources. These mechanisms include disciplinary action, formal complaint procedures for impacted employees to seek redress, dispute resolution processes, audits, program reviews of judiciary operations, internal control and information technology (IT) self-assessments, and workplace conduct oversight and response processes. The judiciary has adopted several measures, described in Priority 4 of this plan, to ensure an exemplary workplace in which all employees are treated with dignity and respect, and on a non-discriminatory basis.

Accountability mechanisms must continue to address critical risks, keep pace with changes in regulations and business practices, and respond to public and government interest through detailed and accessible information about the judiciary. The regular review and update of policies, along with efforts to ensure that they are accessible to judges and employees, contributes to judiciary compliance and controls. In addition, guidance on current uses of social media and other technologies can help to avoid the inappropriate conveyance of sensitive information.

This strategy emphasizes up-to-date policies, timely education, and relevant guidance about ethics, integrity, and accountability. The strategy also relies upon the effective performance of critical integrated internal controls; governance of judiciary financial information; audit, investigation, and discipline functions; risk management practices; and self-assessment programs.

Implementation Goals

2.1.a:   Enhance education and training for judges and judiciary employees on ethical conduct, integrity, accountability, and workplace conduct.

2.1.b:   Deliver education and training to judges and judiciary employees on mechanisms that strengthen administrative accountability and oversight, including internal controls, audits, and investigations.

Strategy 2.2

Hold accountable judges and judiciary personnel who engage in misconduct, and be transparent, in furtherance of statutory and other requirements and consistent with confidentiality and privacy requirements, about accountability for misconduct.

Background and Commentary

The judiciary seeks to ensure accountability by openly receiving information about potential misconduct and following existing procedures to address misconduct. Credible allegations of misconduct will be examined, investigated, and subject to appropriate action in accordance with existing statutory, policy, and other procedures. Individuals who experience or witness possible misconduct should be able to seek redress or satisfy their obligation to take appropriate action by bringing these issues to the attention of an appropriate official without fear of retaliation or adverse consequences. 

Transparency, to the extent permissible and possible, demonstrates the judiciary’s fidelity to accountability for misconduct. Law and policy related to confidentiality and the legitimate privacy interests of victims, witnesses, and others may limit what information can be made public. The judiciary strives to make public information about misconduct procedures and related actions, where permissible and appropriate.

Implementation Goals

2.2.a:   Ensure avenues for seeking advice; obtaining assistance as to potential misconduct; obtaining redress, where appropriate; and filing a complaint are easily accessible.

2.2.b:   Ensure timely action is taken on credible allegations of misconduct according to established procedures, and when the evidence supports it, ensure action is taken with regard to misconduct.

2.2.c:   Ensure each circuit’s website prominently displays actions taken under the Judicial Conduct and Disability Act and Rules for Judicial Conduct and Judicial Disability Procedures, in accordance with the requirements of the Act and the Rules, and summaries of other records or reports of workplace conduct issues, where permissible and appropriate.

2.2.d:   Consider conducting reviews to identify systemic issues, when appropriate.

Strategy 2.3

Continue to implement a comprehensive approach to enhancing relations between the judiciary and Congress.

Background and Commentary

This strategy emphasizes the importance of building and maintaining relationships between judges and members of Congress, at the local level and in Washington. The intent is to enhance ongoing activities and to emphasize the importance of providing information to Congress about the role, responsibilities, duties, and needs of the branch. This type of interbranch communication is crucial in shaping a favorable future for the judiciary. Implementing other strategies in this plan can also help the judiciary to enhance its relationship with Congress. Goals relating to timeliness and accessibility directly affect members’ constituents, and the ability to report measurable progress in meeting goals may also strengthen the judiciary’s relationship with Congress. Congressional awareness of the judiciary’s ongoing efforts to strengthen its financial oversight, reporting, and workplace conduct, building upon its existing foundation of internal controls and methods to prevent and detect fraud, waste, abuse, and misconduct, is critical to assure oversight bodies, as well as the public, that the judiciary has a robust program of oversight and effective controls in place.

Implementation Goals

2.3.a:   Maintain early identification of legislative issues to improve the judiciary’s ability to respond and communicate with Congress on issues affecting the administration of justice.

2.3.b:   Implement effective approaches, including partnerships with legal, academic, and private sector organizations, to achieve the judiciary’s public policy and educational goals.

2.3.c:   Encourage judges to engage with members of their local congressional delegation to foster mutual understanding and respect and to establish lines of communication between the two branches.

Strategy 2.4

Strengthen the judiciary’s relations with the executive branch.

Background and Commentary

The executive branch delivers critical services to the judiciary, including space, security, personnel and retirement services, and more. In addition, the executive branch develops and implements policies and procedures that affect the administration of justice. Department of Justice policies and practices have a substantial and direct impact on the administration of the defense function and the resource needs of the judiciary. Continued collaboration with the Department of Justice will be helpful, including on matters related to pretrial detention, discovery management in federal criminal cases, and the administration of the federal death penalty. 

The executive branch is also a source of financial reporting requirements for government-wide financial activity. The judiciary’s ongoing efforts to transform financial reporting, enhance the judiciary’s internal controls programs, and strengthen the integrity of judiciary financial data provide tangible assurance to judiciary officials, oversight bodies, taxpayers, and others for whom the judiciary holds money in trust. This strategy focuses on enhancing the ability of the judiciary to provide input and information to its executive branch partners.

Implementation Goals

2.4.a:   Foster communications and working relationships with the executive branch to facilitate greater consideration of policy changes and other solutions that will improve the administration of justice.

2.4.b:   Encourage judiciary stakeholders to work with the Department of Justice, U.S. Marshals Service, Bureau of Prisons, and others to ensure detained federal criminal defendants have meaningful and confidential access to counsel and to discovery material.

Strategy 2.5

Improve the sharing and delivery of information about the judiciary.

Background and Commentary

Sources of news, analysis, and information about the federal judiciary continue to change, as do communication tools used by the public. These changes can present challenges to the accurate portrayal of the judiciary and the justice system. Enhanced communication between the federal and state judiciaries and the media is one way to help increase the accuracy of stories about the justice system and clarify public understanding of the courts. Since the media is a source of public information about the judiciary, helping reporters understand court processes is one way to improve the public’s understanding of the justice system. Judges can undertake these efforts within the parameters of the Code of Conduct and while avoiding discussion of any specific cases.

Information about the operations of the federal judiciary is of increasing interest to the public, media, and Congress. Transparency regarding judicial branch governance enhances understanding of the judiciary’s process and thereby improves public trust and confidence in the judiciary.

Direct communication can improve the public’s understanding of the federal judiciary’s role and functions. When formulating its own communications practices, the judiciary must keep pace with ongoing changes in how people access news and information.

The federal judiciary also serves as a resource for other countries pursuing judicial excellence, judicial independence, and the delivery of equal justice under the law. The judiciary should continue providing such assistance when appropriate, including working with the executive branch in its foreign assistance and public diplomacy initiatives.

Implementation Goals

2.5.a:   Implement a communications strategy that considers and incorporates the impact of changes in journalism and electronic communications and the ability of federal judges and employees to communicate directly with the public.

2.5.b:   Foster relationships between judges and journalists, consistent with the Code of Conduct and not specific to any case, to communicate the judiciary’s efforts.

2.5.c:   Communicate with judges in other countries to share information about the federal judiciary and our system of justice and to support rule-of-law programs around the world.

Strategy 2.6

Encourage involvement in civics education activities by judges and judiciary employees

Background and Commentary

The federal judiciary relies on public respect, understanding, and acceptance. Judges and judiciary employees are uniquely situated to provide civics education to the public. A lack of civics knowledge can have an adverse effect on the branch. A civically informed public will also be better inoculated against attempts to undermine trust in the justice system. 

Public outreach and civics education efforts by judges and judiciary employees occur inside courthouses, in the community, online and via remote technology or on court websites. These efforts may be facilitated through greater coordination and collaboration between courts and with civics education organizations. Resources to help judges and judiciary employees participate in educational outreach efforts are available from the Administrative Office, the Federal Judicial Center, and private court administration and judges’ associations.

Implementation Goals

2.6.a:   Communicate and collaborate with organizations outside the judicial branch to improve the public’s understanding of the role, structure, and functions of the federal judiciary, its accountability and oversight mechanisms, and its external financial reporting.

2.6.b:   Facilitate participation by judges and court employees in public outreach and civics education efforts, including programs held in courtrooms, in classrooms, and via remote technology, and development of in-courthouse or online educational resources and exhibits. Support collaboration and the sharing of best practices and ideas across courts and circuits to continue to be responsive to the need for public education and to benefit from locally developed ideas.

2.6.c:   Support education about the defense function and the critical role it plays in both ensuring fair trials and proceedings and maintaining public confidence in the justice system.