But wait! There’s more …

My 22-year-old son was giving me grief about the pop-culture references and movie quotes I use on a weekly basis. I’ll typically quote movies like “Animal House” (“Was it over when the Germans bombed Pearl Harbor?”), “The Blues Brothers” (“I hate Illinois Nazis”), and “Caddyshack” (“We have a pond in the back. We have a pool and a pond. The pond is good for you.”).

He also finds it troubling that I use legendary inventor and pitchman Ron Popeil’s famous quote, “But wait! There’s more,” all the time. That’s a long-winded way of saying that every time I address this group, I want to again share information about the special opportunities and programs LAJ offers. 

In March, we partner with the Louisiana Judicial College to offer a joint Evidence and Procedure Seminar. Topics will include 2024 legislative updates, the direct action statute, remote technology, and artificial intelligence. While these topics are not new, they are ever-changing and will be presented by a trial lawyer and a judge.

It is a chance for lawyers to hear from judges on their perspectives on these issues and, just as importantly, for judges to hear how lawyers view these topics. This great day of CLE will conclude with our Grand Reception honoring members of the Louisiana Judiciary and the Louisiana Legislature. I sincerely hope to see you there.

Opportunities like this make me think about our independent judiciary and the importance of maintaining the separation of powers that the Constitution ensures. These public exchanges will help us promote to the community that our judiciary is indeed independent and working for the greater good.

An independent judiciary is the cornerstone of our democratic system, ensuring that courts remain impartial and free from undue influence. This principle is critical for maintaining the rule of law, protecting individual rights, and fostering public confidence in the legal system. Without an independent judiciary, the balance of power among the branches of government would falter and the foundation of American democracy would be at risk.  

My attendance at some legislative hearings and committee meetings over the past year made it clear to me that we must be vigilant in order to maintain judicial independence in our state. As trial lawyers, it is our duty to secure continued judicial independence.

Judicial independence refers to the freedom of judges to make decisions based on the law and their interpretation of it, rather than succumbing to political pressure, public opinion, or personal interests. The framers of the Constitution recognized the importance of an independent judiciary. 

In Federalist No. 78, Alexander Hamilton argued that the judiciary would be the “least dangerous” branch of government because it held “neither force nor will, but merely judgment.” Hamilton also emphasized the necessity of judicial independence to prevent the legislative and executive branches from encroaching upon individual rights.

The principle was further solidified by such landmark cases as Marbury v. Madison (1803), which established the judiciary’s authority to review and invalidate laws that conflicted with the Constitution. This power of judicial review underscores the judiciary’s role as a check on the other branches of government, ensuring they adhere to constitutional principles.

An independent judiciary is vital for upholding the rule of law — the idea that all individuals and institutions are subject to and accountable under the law. Judges must interpret and apply laws consistently, free from external influence, to guarantee fairness and justice for all. In cases involving politically sensitive issues, judicial independence ensures decisions are based on legal merit rather than partisan agenda.

One of the judiciary’s most critical roles is protecting individual rights against government overreach. Independent courts act as guardians of such constitutional freedoms as free speech, due process, and equal protection under the law.

In cases like Brown v. Board of Education (1954), the judiciary demonstrated its capacity to defend individual rights even when such decisions faced significant public and political opposition.

Public trust in the judiciary is essential for the legitimacy of the legal system. When people believe that judges make decisions impartially and based on the law, they are more likely to accept and comply with court rulings, even those they may disagree with.

Judicial independence is fundamental to the functioning of the United States democratic system. It guarantees the fair application of the law, protects individual rights, and maintains public confidence in the legal system. 

While challenges to this principle persist, a collective commitment to safeguarding judicial independence is essential for preserving the integrity of American democracy. As the framers of the Constitution envisioned, an independent judiciary remains the bulwark that ensures that justice prevails for all.