Goal II: Independence and Accountability

California’s judicial branch is an independent, separate, and co-equal branch of state government charged with preserving the rule of law, upholding Californians’ constitutional rights, and ensuring fair and impartial courts. To discharge these important constitutional responsibilities, the branch must maintain its independence and resist pressures that would compromise the independence of judicial decisionmaking. Increasingly, judicial officers must contend with a variety of challenges as they make legal decisions on issues that are charged with public controversy.

In serving the people of California, the judicial branch must also exercise its constitutional and statutory authority and responsibility to plan for, direct, monitor, and support the business of the branch and to account to the public for the branch’s performance. The judicial branch must develop meaningful system performance standards, measure performance against the standards, analyze data on those measures, report the results to constituents on a regular basis, and support changes to increase efficiency and effectiveness.

These responsibilities and challenges must be met with strong branch leadership and effective strategies for preserving the status of the judicial branch as a separate, independent, co-equal branch of government.

For policy details, please see the complete Judicial Branch Strategic Plan.
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Recommended Best Practices

Independence of Judicial Decisionmaking

  1. Preserve the ability of judicial officers to exercise appropriate discretion and independent decisionmaking in accordance with the law in their individual courtrooms and in handling their assigned cases. Provide coordination and assistance as necessary to assist judicial officers in exercising their discretionary responsibilities.
  2. Protect the ability of judges to decide legal disputes according to the constitution, the law, and legal precedent without fear of reprisal.
  3. Support consistent and effective state and local strategies for preserving the independence of judicial decisionmaking.

Branch Independence and Accountability

  1. Exercise the constitutional and statutory authority of the judiciary to plan for and manage its funding, personnel, resources, and records and to practice independent rule making. Advocate for additional constitutional and statutory authority that will better enable the branch to manage its fiscal and operational responsibilities.
  2. Secure and account for sufficient judicial branch resources to ensure accessible, safe, efficient, and effective services to the public.
  3. Allocate resources in a transparent and fair manner that promotes efficiency and effectiveness in the administration of justice, supports the strategic goals of the judicial branch, promotes innovation, and provides for effective and consistent court operations.
  4. Establish fiscal and operational accountability standards for the judicial branch to ensure the achievement of and adherence to these standards throughout the branch.
  5. Establish improved branchwide instruments for reporting to the public and other branches of government on the judicial branch’s use of public resources.
  6. Support consistent and effective state and local strategies for preserving the independence of the judicial branch.
  7. Promote a basic understanding of the courts, the judicial branch, and issues of branchwide concern to other government branches and representatives, legal and educational communities, community groups, and the general public.
  8. Support a strong local court governance structure, and effective judicial and administrative leadership, throughout the state.
  9. Work collaboratively with state and local executive and legislative branches, as well as the legal community, to promote and protect the independence of the judicial branch.