After White: Defending and Amending Canons of Judicial Ethics

Publication Date: January 2004

Publisher: Brennan Center for Justice

Author(s): J.J. Gass

Research Area: Government; Justice

Keywords: Independence & Accountability; Fair Courts; Democracy

Type: Report

Abstract:

These are challenging times for those who would preserve the distinction between the judiciary and the political branches of government, particularly in states in which judges are elected. But reports of the canons’ demise in the wake of White have been greatly exaggerated. Through effective defense in litigation, participation in revisions of the canons, and creative use of alternatives, defenders of the canons can protect a vital, impartial,
and independent judiciary.