American Judges Association



Roy Schotland

Date of this Version

July 2004


Published in Court Review: The Journal of the American Judges Association, 41:2 (2004), pp. 38-46. Copyright © 2004 National Center for State Courts. Used by permission. Online at


In addition to the articles found in this issue of Court Review, which present the considered views of the authors on various subjects, we also seek to stimulate the thinking of the reader regarding judicial independence. For those attending the annual conference of the American Judges Association this year, this will involve review of the materials in this issue and interchange with authors of the articles and a number of others who have given substantial thought to the topic—as well as interchange with other judges in attendance.

For those whose involvement with the National Forum on Judicial Independence will come only through the pages of Court Review, in this issue and the next, we provide in the next few pages some materials that we hope will give you pause and stimulate your thinking. There are two distinct types of materials included. We are indebted to Professor Peter M. Shane of Ohio State University, who has given permission to include several of the hypothetical problems on judicial independence that he presented to the U.S. Conference of Chief Justices at its 2001 midyear meeting. In addition, from a variety of sources, I have culled the views on judicial independence of a number of thinkers. Interspersed within the views of others I have included some of my own comments.

Included in

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