Poll: On Justice Issues, Americans Want Three Branches of Government at Table Solving Problems Together

Williamsburg, VA (May 8, 2009) – Americans expect the three branches of government to work together to solve state problems such as prison overcrowding and caring for abused and neglected children, according to a new nationwide public opinion survey released today by the National Center for State Courts (NCSC). The poll, conducted at a time when most states are reporting budget deficits and many state courts are cutting costs, is believed to be the first ever survey to measure the public’s perceptions of how the executive, legislative and judicial branches work together on public policy issues that affect the administration of justice.

“This survey lays down a marker: Americans expect more from all three branches, and to get results, they want turf battles and partisan squabbles to be put to the side,” said Mary McQueen, president of the National Center for State Courts, a nonprofit organization that provides leadership and service to state courts. “Americans want their government to work smarter, better, and more efficiently, so it’s not a surprise that support for interbranch cooperation is so strong.” The survey is being unveiled at an American Bar Association conference on interbranch relations today in Charlotte, North Carolina. Among the findings:

• Americans expect interbranch cooperation. Respondents express strong support for enhancing cooperation among the branches of state government in matters related to the justice system. Nine in 10 Americans think it is important for the heads of the three branches to meet regularly to discuss justice system issues—including a striking 74 percent who are supportive of mandating such meetings by law. A majority of Americans also see value in on-the-job observation of officials from other branches as a way to better understand and appreciate the role of each branch.
  
  
• Americans don’t favor cutting court services or raising fees to address budget issues. Respondents weighed in on cost-cutting measures some state courts are now being forced to make due to budgetary pressures. An overwhelming majority—85 percent—oppose the cessation of jury trials. More than four in five also opposed raising fees charged to those who want to bring cases to court. When it comes to budgeting, half of respondents endorse the idea of a three-branch committee being charged with setting court budgets.
  
  
• Americans want each of the three branches to be involved in solving key problems facing their states. While respondents are generally supportive of courts playing an active role in solving problems such as prison overcrowding and caring for abused and neglected children, they expect the legislative branch to be in the driver’s seat, with the judicial and executive branches playing strong supporting roles. For instance, when it comes to caring for abused and neglected children, a super-majority of respondents—67 percent—see a “big role” for judges, while 59 percent see a “big role” for the courts in reducing prison overcrowding.
  
  
• Americans view the judiciary differently than the other two branches of government. Respondents say the judiciary is less political in that while party affiliation affects opinion of the executive and legislative branches, it has less influence on opinions about the courts. People are more likely to express confidence in the state courts than the executive and legislative branches, with 74 percent of respondents expressing “some” or “a lot” of confidence in the courts (compared to 66 percent for the executive branch and 65 percent for the legislative branch).
  
  
• Americans express widespread public support for the principle of separation of power to give state supreme courts the final say in deciding controversial issues. Overall, more than two-thirds (71 percent) of Americans say their state supreme court should keep its ability to decide controversial issues, while only about a quarter (23 percent) feel its power should be restricted and it should not decide as many controversial issues as it does now. And 68 percent of Americans—more than two out of three—believe that the courts either have the appropriate amount of power or should be awarded even greater power; only 24 percent support giving the legislature and the governor more power over the courts.
  
  
• Knowledge of government is a better predictor of support for courts than partisan affiliation. The survey confirms that the more knowledgeable Americans are about government —as measured by a simple six-question civics barometer asking about basics such as whether states have their own constitutions, how state judges are selected, and what the branches of government are—the more supportive they are of the courts. Political party identification does not significantly impact confidence ratings for the judicial branch. Republicans expressed highest confidence in the courts at 77 percent.
  
  

The survey of 1,200 American adults was conducted by Princeton Research Associates for the National Center for State Courts (NCSC), and has a margin of error of plus or minus 2.8 percent, 19 times out of 20. The poll was paid for by NCSC, the Pew Center on the States, and the State Justice Institute. Complete results, including a report from the pollsters, is available in PDF format on the NCSC Web site here.

The National Center for State Courts, headquartered in Williamsburg, Va., is a nonprofit organization dedicated to improving the administration of justice by providing leadership and service to the state courts.