I also want to thank our judges for the work they do, especially those
men and women on the front line of our Superior courts. These judges are
talented, smart, hard-working, and well aware of their duties as
constitutional officers to maintain a level playing field. Some of the
cases they deal with are emotionally wrenching for the parties involved,
and people sometimes get upset with our judges, even though the judge
has clearly made the proper decision based on the facts of a particular
case and the rule of law. And as you know, there usually is little the
judge can say in his or her own defense. So to all of the members of the
CBA who have stepped up to the plate to support our judges under these
circumstances by helping educate the public, please know that your
efforts are greatly appreciated by the bench.The past year has been
one of great change at the Judicial Branch. Let me say up front that I
believe our state court system is among the best in the country. That
does not mean, however, we cannot do better. Our judiciary has already
made changes that have greatly enhanced openness, transparency and
accountability. I am committed to making these changes work and to
continue exploring new ways to meet our mission and provide the best
public service possible.
Equally important is our obligation to meet the complexities of the
21st century judiciary head-on, so that we can craft workable solutions
to the challenges before us.
To this end, we are in the process of developing various projects and
programs to promote our tradition of judicial excellence and to assess
public trust in our courts. Among our initial projects is the formation
of a Public Service and Trust Commission, chaired by Appellate Court
Judge Alexandra DiPentima. The job of the commission is twofold: Number
One, to assess where we are in our stated mission, which is, to resolve
matters in a fair, timely, efficient and open manner; and Number Two, to
create a strategic plan to assist the Judicial Branch in its mission.
The assessment will include examining public perceptions of our state
judicial system and hearing from those working within the Judicial
Branch on such issues as the physical and logistic accessibility of our
courts; the fairness of treatment in all matters and as to all persons;
and the efficiency and competence in Judicial Branch job performance.
We plan to ask you as members of the bar to have a significant role
in this ambitious project. You are among our most “frequent fliers,” so
to speak, and I do not want you to be shy about expressing your
opinions. We plan to hear from you about what you think works well and
what you think might work better. There will be a variety of ways to
provide your input, since the commission will rely on information
gathered from surveys based on qualitative and quantitative research,
fact-finding sessions and public forums. The commission then will put
together recommendations for a short- and long-term strategic plan for
the branch. Once these recommendations are approved, I anticipate that
we will have an action-oriented strategic plan that, when implemented,
will make a difference in people’s lives.
Another initiative is our effort to better prepare the talented
individuals who come from your ranks to become judges. With our latest
group of new judges, we started a structured and comprehensive mentoring
program, under the very able leadership of veteran Judge Lynda Munro. As
the introduction to the new mentoring handbook says, “The mentor program
assists novice judges in gaining necessary skills, in developing an
awareness of the complexities of their responsibilities and in utilizing
the full resources of the Judicial Branch.”
A pool of about 20 seasoned judges is available for the program, and
each new judge has been assigned to a specific mentor to work with on a
one-to-one basis. Duties of the mentors will range from providing
feedback on a new judge’s performance through courtroom observation to
discussions regarding demeanor, clarity of rulings, and where to get
information and find resources. I am very proud of this initiative and
the work that’s gone into it. I am also grateful to the very capable,
talented and energetic judges who we have asked and who have agreed to
serve as mentors.
Of course, I’m sure you realize the advantages of such a program to
the bar. In fact, I believe that while the new judges will gain greatly
from this program, it is the bar, your clients and the public at large
who will be the ultimate benefactors.
It is also my hope that over the years, the mentoring program has the
opportunity to prepare more men and women from diverse communities. As
you know, the nomination and selection of judges rightfully falls to the
executive and legislative branches. But I firmly believe that the
judicial branch can participate more fully in opportunities to attract
minorities to the bar, and then, we hope, to the bench. We are going to
ask you to play an integral role as we attempt to do this, and I look
forward to working with you to craft initiatives that will accomplish
what I am certain is a shared goal.
One of the areas I am concerned about is the rising number of
defalcations involving attorneys of some years. The victims of such
conduct have been compensated by the clients’ security fund. But the
number of such claims continues to rise. The judiciary, by appointing
trustees to handle the lawyers’ remaining work, has always moved to
protect the public concerning these matters. Yet preventive measures to
assist such lawyers before their conduct escalates to the degree that it
causes such public harm have been scarce.
At a recent meeting with bar leaders, I learned that experience with
past defalcations shows that there are early warning signs, demonstrated
by affected lawyers’ conduct. In order to alert judges to this problem
and to aid in prevention, we will be providing information to our judges
regarding the bar’s program on Lawyers Concerned For Lawyers. The
distribution of this information will occur next week at the annual
Judges’ Institute. We are also designing a longer-term program for
sitting judges and for those newly appointed in the hopes that the
judiciary can participate in early preventive measures. We hope to
continue to work with bar leaders on this effort.
That leads me to my final point. I want you to know that I am here to
listen to your comments and concerns. I hope that you will not hesitate
to contact me. My door is open. Please take advantage of that. As Henry
Ford once said, "Coming together is a beginning. Keeping together is
progress. Working together is success." I look forward to our shared
success.
