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AMERICAN BAR ASSOCIATION
STANDING COMMITTEE ON THE AMERICAN JUDICIAL SYSTEM
INFORMATIONAL REPORT TO THE HOUSE OF DELEGATES
The Standing Committee on the American Judicial System (“SCAJS”) was created by the ABA
House of Delegates at the 2014 Annual Meeting to continue and expand upon the work of its
predecessor entities, the Standing Committee on Federal Judicial Improvements and the Standing
Committee on Judicial Independence. It will also continue the work of the Task Force on
Preservation of the Justice System.
SCAJS focuses on protecting fair and impartial courts, improving the administration of justice,
ensuring adequate court funding, and defending against unfair attacks on the judicial branch. It
will support efforts to increase public understanding about the role of the judiciary and the
importance of fair courts within the American democracy. SCAJS pursues these goals through
the projects described below and is in the process of developing several new projects.
Federal Courts Civil Data Project
The Federal Courts Civil Data Project seeks to respond to the need for better information about
litigation in federal courts by (i) identifying and evaluating the landscape of data currently
available about civil cases in federal courts, (ii) analyzing ways to more effectively utilize such
data, (iii) exploring whether different and more comprehensive data might be useful and
collected effectively, and (iv) assessing the benefits and costs of undertaking the steps necessary
to revise data collection methods. SCAJS intends to convene a roundtable in 2015, which will be
composed of a group of 20 to 30 participants including practicing lawyers, academics, jurists,
administrators and other stakeholders carefully selected based upon their knowledge and
expertise in the area. Participants will refine the issues and develop preliminary hypotheses and
goals. By discussing the current limitations of data collection in federal courts and the potential
for more comprehensive and useful data collection, the roundtable participants will create the
framework for the next stage of the project. Following the roundtable, a larger conference is
envisioned that will eventually yield a publication that both describes the current landscape and
sets out recommendations for steps to improve the quality, accessibility, and usefulness of data
about federal civil cases.
Fair Court/Media Project
SCAJS was awarded a grant by the Open Society Foundations to fund the Fair Courts/Media
Project, which will improve public perception of courts and increase understanding of the role of
courts by the public, the media, and policymakers, in order to protect and promote merit
selection of judges as well as to develop overall better support of the judicial system. This will
be accomplished through educational initiatives, including judicial-media information exchanges
to increase communication between the judicial branch and media, increase the judiciary’s
knowledge of how to disseminate information to the media effectively, increase the media’s
understanding of the role of the judiciary, and develop earned media. The initial stage of the
project will focus primarily on planning for the first Judicial-Media Learning Exchange
symposium. Based upon what is learned from the first symposium, SCAJS will focus on
development of resources that courts and the media can use in the future and expansion of the
project to other states and to include Judicial-Legislative Information Exchange symposiums.
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SecureCourts Initiative
At the 2014 Midyear Meeting, the House of Delegates adopted Resolution 106, which urges
development and funding of appropriate judicial system security protocols and education of
those who participate in the judicial system regarding how to respond to security threats. To
implement this policy, SCAJS created the SecureCourts initiative aimed at educating
policymakers, courts, bar associations, and those who regularly participate in the judicial system.
The SecureCourts initiative seeks to enhance court security, reduce the impact of court related
violence, and promote fair and impartial courts.
Least Understood Branch
The Least Understood Branch (“LUB”) initiative aims to increase public understanding of and
respect for the rule of law, the legal process, and the role of the legal profession and the
judiciary. LUB also encourages greater public awareness and appreciation of the unique role of
courts and the need to maintain an independent and impartial judiciary to fulfill that role and
protect the rule of law. SCAJS is focusing its LUB efforts on providing training to bar
association and court leaders, and will partner with additional pilot states pursuant to the
strategic plan if appropriate venues are identified. In any new pilot states, SCAJS will work with
bar association and court leaders to identify specific threats that can be addressed using LUB.
Judicial Disqualification Project
The Judicial Disqualification Project (“JDP”) seeks to preserve the independence of the judiciary
by working to ensure that states have appropriate procedures and guidelines in place regarding
judicial disqualification and disclosure. SCAJS continues to explore opportunities to assist states
that are interested in revising their rules and procedures and maintains resources regarding
disqualification rules and procedures throughout the country that are available to states interested
in exploring possible reforms. SCAJS remains committed to the implementation of JDP.
Forum on Judicial Independence
The Fourth Annual Forum on Judicial Independence at the 2014 Annual Meeting entitled, “How
Judges, Lawyers, and the Public are Influenced by Media Coverage of the Courts,” was
moderated by Charles Bierbauer, Dean of the College of Communications and Information
Studies at the University of South Carolina. Panelists included Massachusetts Bar Association
President-Elect Marsha Kazarosian, Wesley Lowery, a journalist at The Washington Post, Chief
Justice Lawton R. Nuss of the Kansas Supreme Court, and United States District Court Judge
Shira A. Scheindlin. This successful annual Forum will continue at the 2015 Annual Meeting.
SCAJS Subcommittees
SCAJS’s subcommittees continue to explore issues impacting the judicial system such as
professional diversity of federal judicial nominees and the impact of court user fees on access to
justice and judicial independence. The Subcommittee on Bankruptcy Issues reports regularly on
issues impacting the United States Bankruptcy Courts.
Respectfully Submitted,
David F. Levi
Chair, Standing Committee on the American Judicial System
February 2015
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