Justice O'connor Stresses Importance of Effective Judicial Systems

Arabic News
Regional-USA, Judicial
September 20, 2003

U.S. Supreme Court Justice Sandra Day O'Connor, speaking at a press availability meeting this week during the Arab Judicial Forum in Bahrain, explained the importance of judicial training and ethics in a functioning democracy.

O'Connor said the need for more transparent and effective judicial systems is especially important in the current age of increased international ties.

"We have increased globalization, more world trade, and more awareness of the need for judicial systems that are fair and open, that are transparent," she said. "We need systems that will work in connection with international contracts and trade. There is also a concern with human rights aspects around the globe. If there is any hope of achieving fairness and justice for people everywhere, it is through having good judicial systems," she said on Bahrain Satellite Television in Manama.

A good judicial system, she said, is essential in order to provide legal guarantees granted under a national constitution to a country's citizens.

Judges need to feel able to faithfully uphold their country's laws and constitution, regardless of the views of other government branches or the public, she said.

"They have to try to make the proper decision in a given case based on the facts in that case, and the applicable law, and have the courage to make that," said O'Connor.

She pointed out that the judiciary "is the most open branch of government because they have to explain and give reasons for their decisions. Other branches of government don't have to."

Justice O'Connor became the first female member of the U.S. Supreme Court in 1981. She told the press availability that having female judges provides encouragement to other women.

"[H]alf the population or more in my country are women, and it makes a difference for women to see women in positions of authority in high office. It gives them greater confidence in the fairness and openness of the system," she said.

Following is a transcript of Justice O'Connor's remarks:

(begin transcript)

Press Availability for Justice Sandra Day O'Connor with Bahrain Satellite Television Arab Judicial Forum Manama, Kingdom of Bahrain September 16, 2003

Q: What is the aim of the Arab Judicial Forum?

A: Our hope is to have discussion among representatives of a number of Arab nations in this region about topics of mutual interest related to judicial systems.

Q: Why is there a need to have a dialogue among Arab countries about the judicial system?

A: There is a need in every area of the world to talk about judicial systems. I find that I'm discussing issues like this all over the world. It is hard to perfect systems, and we also have more complex issues today than we used to. We have increased globalization, more world trade, and more awareness of the need for judicial systems that are fair and open, that are transparent. We need systems that will work in connection with international contracts and trade. There is also a concern with human rights aspects around the globe. If there is any hope of achieving fairness and justice for people everywhere, it is through having good judicial systems.

Q: What is your observation of the judicial system in this region?

A: I can't draw any conclusions except to say that probably none of our systems are as good as we would like to make them, including my own. There are improvements available that all of us can make, including finding out the best method of selecting judges. That will be determined differently in different countries. There are some countries, particularly those with civil law systems, that like to take people very early in their careers and let them make a career decision to become a judge, and then provide training and develop them that way. Other countries like to engage as judges people who have had a lot of experience practicing law and not select judges until later in their career. They try to get more experienced people and then provide training and go from there. Some countries even try to do both. France, for example, has a method of getting more experienced people in the system by also having young people opt into the system earlier in their careers. It is good to talk about these systems and make people aware that it is fine to have different systems. Both can work. At the end of the day what we want to have as judges are people with integrity and knowledge and capacity to work well as judges.

Q: How would you relate the judiciary to democracy?

A: No nation can function well without a good judicial system. It is an integral part of good governance. It is a necessary part. So whatever system you have of governance, you need a strong, valid, capable judicial system to make it work. My experience comes out of a democratic system where we have a Constitution, the nation's basic law adopted with the consent of the people, and that provides certain guarantees to the citizens of that country. How do you make those guarantees a reality? You can't do it without a good judicial system.

Q: And those guarantees would come in a system with an independent judiciary?

A: Yes, you need judges who are not afraid to follow the laws and the constitution of their country even when there is another branch of government might not agree with it. And you have to have the courage to do what is correct under the constitution and laws of the country, despite conceivable opposition by the other branch of the government in that country.

Q: In the independent judiciary do you think judges should be made accountable?

A: Judges are accountable in this sense. The judiciary is the most open branch of government because they have to explain and give reasons for their decisions. Other branches of government don't have to. For example, if I am a legislator, I can vote without explaining my reasons. If I'm a member of the executive branch, I can make a decision and not explain. But if I'm a judge, I have to give my reasons.

Q: Bahrain has a system where a five member Committee of the Supreme Judicial Council oversees the procedures and rulings of judges and regulates decisions. Does this system work?

A: I'm not very familiar with Bahrain's specific judicial system so I'd rather not comment on that.

Q: Bahrain stands for freedom, justice and equality. And during the past few years there have been lots of changes. How can women gain from this?

A: I think that women benefit by gaining more opportunities to engage in occupations of their choice in the private sector and in the public sector as well and to have their own rights protected throughout the system.

Q: The Supreme Council for Women was established, do you think that is a good idea?

A: I don't know how it will function, but it strikes me as a good idea to promote changes as they are needed.

Q: How should the training of the judiciary be maintained?

A: The training of judges comes in two ways. If you have a new judge, you need training at the beginning to explain to the judge exactly what they need to be doing and how to do it effectively and under what standards. But judges need ongoing training as well because laws change and doctrine changes. And we are exposed to new issues and new problems and so there is no end to training, there is a continuation requirement for training for judges. We try to attain that in the U.S. with our federal judges by having a Federal Judicial Center that makes training available to federal judges through out the year. It is very important to have a good training program at the beginning for new judges.

Q: Shouldn't the curricula in law school actually be training lawyers to solve problems and to be consensus builders?

A: I think it is great when law schools train lawyers how to mediate and solve problems between people - by negotiation as well as in court. When I went to law school, law schools didn't teach those things. Today, I think we are better off trying to solve some problems through mediation. Law schools today are trying to teach students how to solve problems through negotiation.

Q: What is your opinion of the judiciary making decisions that is not popular with public opinion.

A: Judges need to decide cases on the basis of their own country's constitution and laws and not be concerned about public opinion. Judges cannot make decisions based on how that decision will be viewed by the public. They have to try to make the proper decision in a given case based on the facts in that case, and the applicable law, and have the courage to make that.

Q: You are from the state of Arizona and you worked there earlier in your career, after traveling to Germany after college, and later you were nominated by President Reagan. Can you tell us a little bit about your experience?

A: Well, I like to say I'm the first cowgirl to get on the U.S. Supreme Court. I grew up on a cattle ranch in the state of Arizona and I had no idea that I would become a lawyer, much less a judge. In time, I served in all three branches of the Arizona state government, in the legislative branch as a judge, and in the executive branch of the government, and I also held public office in the state. In 1981, much to my surprise as well as the nation's, President Reagan nominated me for a position on the U.S. Supreme Court. It is great to be the first, but you don't want to be the last, and I felt a great responsibility in that regard, that I wouldn't be the last woman appointed to the court. And I'm pleased to say that a few years later I was joined by the second woman, Judge Ruth Bader Ginsburg, who now serves with me

Q: Was it a battle initially, did you face a lot of hurdles, or did you get a lot of support?

A: I had much encouragement, my colleagues were just delighted to get a ninth Justice because when there are only eight Justices, you can divide four to four, so male or female, they were very happy to have a ninth colleague on the court. They were very helpful and collegial.

Q: Do women judges make a difference?

A: I don't think that a female judge necessarily decides cases differently than a male judge does. I like to tell people that at the end of the day, a wise old woman and a wise old man are going to reach the same decision. But half the population or more in my country are women, and it makes a difference for women to see women in positions of authority in high office. It gives them greater confidence in the fairness and openness of the system.

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