Survey Illustrates Public Expectations On solving Justice Issues

The financial crisis and the recession have put great pressure on state governments in the United States. Declining tax revenue has forced states to cut services, raise taxes, and find other sources of money to make up the difference. At the same time, the problems that need the attention of state governments have not gone away. In fact, some have become even more urgent given the economic downturn. Can the three branches of state government find new ways to work together to meet the challenges of these difficult times? The new National Center for State Courts (NCSC) Inter-Branch Relations Survey on state government, conducted by Princeton Survey Research Associates International, examined public opinion toward state government to better understand Americans’ priorities and attitudes toward the three branches generally, and the judicial branch specifically, and what factors most shape those views.

Interviewing for this national poll of 1,200 U.S. adults was conducted in February and March of 2009. The results of the new survey show a widespread public desire for cooperation among the branches at the state level. The following are among the major findings:

• ubstantial public support is found for more cooperation among the branches 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 such issues. 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.
• The public views the judiciary differently than the other branches. People are more likely to express confidence in the state courts than the executive and legislative branches. Opinions of the courts are less tied to partisan identification or other political influences. In addition, those best informed about their state government have the most positive views of the courts, regardless of party preference.
• There is widespread public support for the principle of separation of power to give state supreme courts the final say in deciding controversial issues. Recognizing the value of an independent judiciary, not political party affiliation, is the bigger factor impacting people’s attitudes about the way the courts make decisions.
• The public wants all three branches to play a major role in helping solve key problems facing the states, like prison overcrowding and caring for neglected and abused children. However, people tend not to think the judiciary should take the lead role in efforts to solve these problems. People are instead more likely to choose the legislative branch to play such an overtly political role.
• The American public is opposed to budget cuts that would affect the core functions of the judiciary. Majorities reject suspending jury trials and reducing the number of judges through attrition as cost-cutting measures. In addition, it supports the proposals of increasing court fees and reducing court hours only if there are no other options.

The survey was commissioned to inform a National Summit sponsored by the American Bar Association Presidential Commission on Fair and Impartial State Courts in cooperation with NCSC. The Summit on "Justice is the Business of Government: The Critical Role of Fair and Impartial State Courts," took place on May 7-9, 2009. The complete report is available on NCSC's website.