Keeping the Judicial Branch Accountable

Of the three branches of government, the judicial branch is often the least understood and the most mysterious to the American people.  Federal judges and Supreme Court justices often operate behind closed doors, so only a very few people understand the inner workings of this critical function of our democracy.

To add even more obscurity, the federal Judiciary is supposed to engage in self-regulation on ethics issues and the administration of our federal courts.  Unfortunately, ethics violations, conflicts of interest, appearances of impropriety by judges, and allegations of waste, fraud and abuse are well-documented, and threaten one of the foundations of our judicial system as an impartial arbiter.  

These improprieties were first brought to my attention when I chaired the Senate Judiciary Subcommittee on Administrative Oversight and the Courts.  Concerns were raised about compliance with the judicial ethics rules, efficiency in the court system, appropriate use of resources, and whether the Judiciary can adequately police itself in these matters.  Since then, the abuses don’t appear to have stopped.  Most recently, Supreme Court Justice Breyer led a committee that acknowledged problems with the enforcement of judicial discipline. 

To help the federal court system adequately provide oversight of its judges and employees, Congressman Jim Sensenbrenner (of Wisconsin) and I introduced legislation that will create an inspector general for the federal Judiciary.  Inspectors general have a track record of being an independent voice that can detect, expose and deter problems within our government.  An independent watchdog for the federal Judiciary is an important way to promote credibility within the judicial branch of government.  The bill puts in place safeguards so inspectors general do not interfere with judicial decisions, and it includes whistleblower protections for individuals within the judicial branch.

Our legislation can help keep the federal Judiciary accountable, and it can provide assurances to the American public that there is independent oversight over those entrusted with the responsibility of interpreting the Constitution and the laws of the United States.