By John Walker
Special to Inside
If you think you’re learning about how our justice system works by watching the so-called “reality-based” courtroom television shows or dramas on stage or screen, think again. The programs often distort typical courtroom proceedings and, in fact, create a serious misconception about the judiciary.
Stuart A. Nudelman, a trial judge in the Circuit Court of Cook County and immediate past president of the Illinois Judges Association (IJA), says that “in an effort to be entertaining, what actually happens in court is often sacrificed. Citizens who have business in court arrive totally confused about courtroom procedures.”
“Of all the entertainment genre, the reality shows are the most serious culprits,” says Judge Nudelman. “Only the parties and a judge are involved, with little or no focus on lawyers, and an emphasis on authority rather than due process. Judges are often unfairly depicted as tough-talking miscreants who yell at plaintiffs and defendants, and ask insensitive and sometimes inappropriate questions,” he continues.
One of the television judges once asked a party: “Are you a pervert?” Another judge peppers her conversations with “shut up” and “gimme a break.” Though most of the disputes they settle are minor, the focus seems to be on embarrassing people and on quick solutions rather than a more in-depth look at conflicting interests.
The camera lens isn’t the only distorting factor, Judge Nudelman states. People also base their impression of the courts—both good and bad—on the experiences of family and friends. And, judges themselves can exacerbate the problem by becoming too isolated from the very communities they serve.
The end result, he says, is a schism reflected in a recent poll which shows that the public has lost its basic trust and confidence in our justice system—an irony, since almost 80 percent of people responding to the poll believe that, despite its faults, the United States has the best justice system in the world.
“Everyone who leaves a courtroom—whether or not they agree with the judge’s decision—should feel that they were heard and that justice was done,” he says. “This can only occur when citizens fully understand the system and the judge’s role in it.”
In an effort to better educate the public, members of the Illinois Judges Association have increasingly reached out to their communities with information about how the courts operate as well as changes in procedure, in part through the Illinois Judicial Speakers Bureau and media appearances.
“While judges have a mandate to apply and interpret the law, they frequently do far more than that. For example, the courts have worked diligently to reduce litigation delay and expense,” Judge Nudelman says.
In Cook County and other parts of Illinois, arbitration has been introduced to speed resolution of civil claims for money. Mediation programs have been created to assist litigants who will have a continuing relationship after the case as, for example, a divorcing couple, or a dispute between a manufacturer and supplier. Community justice programs created to increase communication and encourage problem solving between neighbors avoid the recriminations that usually follow a criminal prosecution are in place. Courts have worked with prosecutors and others to create “Drug Courts,” diverting offenders from the penitentiary system into treatment in an effort to break the terrible cycle of crime and drugs.
In addition to improvements, judges perform their designated tasks, serving as a neutral arbiter over disputes between litigants in both civil and criminal cases, and making sure that the rules are followed. “The judge stands as the gatekeeper, preventing irrelevant or inflammatory evidence from reaching the jury,” he says. The judge also is called upon to interpret questions about the law. “Disputes may arise over the meaning of a law or ordinance which appears to be unclear,” states Judge Nudelman.
In criminal cases, judges are called upon to impose sanctions, including, in some cases, the death penalty (though a moratorium on the death penalty currently exists in Illinois). “Sentences must be proportionate to the offense committed,” he says. “They cannot be imposed to satisfy a vocal interest group or community organization.”
When citizens better understand the justice system and the judge’s role in it, greater confidence in the courts will result, he affirms.
The Illinois Judges Association, formed in 1971, provides continuing legal education to members of the judiciary and education to the public on matters regarding the judiciary. The IJA is headquartered at 321 S. Plymouth Ct., Chicago, IL 60604-3997. Further information can be obtained by calling the IJA at (312) 431-1283, or by logging onto their Web site at www.ija.org. |
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