Interbranch Relations Resource Guide

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Resource Guide

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To preserve both its actual and apparent impartiality in resolving disputes, the judicial branch must be more distant from the political influences of citizen majorities and special interests than are the legislative and executive branches. While the function of the courts in reviewing and interpreting the law sometimes requires decisions that are unpopular and lead to criticism by the legislature, opportunities for interbranch relations can be augmented and the conditions for conflict avoided by appropriate exercise of judicial restraint in the review of legislation and by more effective efforts to inform lawmakers about the appropriate function of the courts and the potential impact of proposed legislation.

Links to related online resources are listed below. Non-digitized publications may be borrowed from the NCSC Library; call numbers are provided.

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NACM Justice Achievement Awards

A compilation of the National Association for Court Management's Justice Achievement Awards from 2000-2011.

Articles and Reports

Hall, Daniel J.,Robert W. Tobin, Kenneth G. Pankey, Jr. Balancing Judicial Independence and Fiscal Accountability in Times of Economic Crisis. (Summer 2004). Judges` Journal In times of fiscal crisis, the inherent tension among the branches becomes even more pronounced as the executive and legislative branches prune judicial budgets as they see fit.

Rogers, James R., and Georg Vanberg. Judicial Advisory Opinions and Legislative Outcomes in Comparative Perspective. (2002). American Journal of Political Science 46: 379 This scholarly paper discusses the impacts of the judicial veto on the policy-making process, judicial review on the policy-making process, and judicial review as it applies to state legislatures. The article includes an appendix analyzing the most likely outcomes of various situations between state legislatures and judiciaries.

Ridge, Linda, Donna Hunzeker, Antoinette .Bonacci-Miller, and Mary Fairchild. Legislative-Judicial Relations: Seeking a New Partnership: A Guidebook for Legislative-Judicial Relations . (March 1992).

This guidebook is a part of the much larger research project "Legislative-Judicial Partnership." This report addresses issues such as the usage of legislative liaisons, judicial impact statements, long-range court planning, and educational programs.

Katzmann, Robert A. No Court Is an Island. (Spring 2006). The Journal of Appellate Practice and Process 8, No. 1: 115 The author explains the efficiency of the appellate courts cannot be observed outside of the context of complex interactions among all branches of government. Katzmann describes the relationships among the executive, legislative, and judicial branches, and how actions in one branch can impact the efficiencies in the others, especially the federal appellate courts.

Online Publications and Resources

An Independent Judiciary: Report of the Commission on Separation of Powers and Judicial Independence: Executive Summary . (1997). American Bar Association This report addresses the need for Congress to establish a permanent commission called the National Commission on the Federal Courts. The underlying problem is the fact that the federal legislature and the federal judiciary do not communicate effectively. This short articles includes several recommendations to facilitate more productive dialogue between the legislative branch and the federal judiciary.

California State Courts Office of Governmental Affairs. The mission of the Office of Governmental Affairs is to promote and maintain effective relations with the legislative...and executive branches of government and to present the Judicial Council's recommendations on legislative matters affecting the courts pursuant to constitutional mandate.

Tobin, Robert W. Creating the Judicial Branch: The Unfinished Reform. (1999).

This well-written book addresses many of the fundamental issues of state judiciaries. The book is divided into four major sections including "The Administrative Requirements of Judicial Independence", "The Obstacles to Judicial Branch Control of Internal Operations," "Creating an Independent Judicial Branch: The Court Reform Movement." and "The Next Reform Phase."

Danos, Colleen. Fostering Judicial Independence in State and Federal Courts. (March 2003). Knowledge and Information Services Memorandum.

The staff memorandum provides information on American judicial independence. Many courageous and now highly praised decisions of the utmost importance to our nation, which were initially unpopular, have been made possible because of the independence of the American judiciary.

Hennepin County, Minnesota, Judicial Ride-Along Protocol. This three-page paper describes the program in Minnesota that allows attorneys and law students to accompany assigned judges in order to observe how a judge performs his or her duties.

Danos, Colleen. Judicial Election and Judicial Independence Concerns: Stepping Up to the Plate. (March 2003). Knowledge and Information Services Memorandum.

This staff memorandum discuses the relation of judicial selection methods, particularly judicial elections, to judicial independence. Concerns related to attacks on judicial candidates and attempts by business and political interests to influence judicial elections are examined.

Moyer, Thomas. Judicial Review: Safeguard of Life, Liberty and Happiness. (September 2003). Fifth Annual Robert E. Henderson Constitution Day Lecture This speech explains the historical and legal contexts concerning the creation of the United States Constitution.

Vanberg, Georg. Legislative-Judicial Relations: A Game-Theoretic Approach to Constitutional Review. (April 2001). American Journal of Political Science 45: 346 This sixteen-page article presents "a simple game-theoretic model that provides a unified account of the multi-faceted interactions between such courts and the legislatures they are, at least in part, intended to control." The article also discusses the importance of public confidence and transparency as necessary qualifiers to establishing a powerful judiciary. The author uses supranational European court systems as examples in the article.

Yulico, Nick. Legislators Learn About Court System in Day on the Bench. (December 2001). Metropolitan News Enterprise: 5 Analogous to the "Ride Along" programs of several jurisdictions, this program in California allows state legislators to "sit on the bench" for a day in order to gain a new perspective into the functions of the California judiciary. This short article provides a personal experience sitting on the bench.

Position Paper on Effective Judicial Governance and Accountability. (December 2001). Conference of State Court Administrators This eleven-page paper briefly "discuses how the judiciary can work to promote effective judicial governance by defining a sweeping vision of what it means to be an accountable court system, and then convincing its partners in government that attainment of that vision is viable only if the courts have substantial freedom to manage their own affairs."

Pankey, Kenneth and Kristi Remkus. Setting Judicial Compensation: Commissions & Other Mechanisms. (March 2003). Knowledge and Information Services Memorandum.

This document updates information about approaches to setting salaries and other elements of judicial compensation, particularly information abut state boards or commissions that have the authority to study and recommend the compensation level of judges.