Excerpts from Luncheon Address of Justice Sandra Day O'Connor, Associate Justice, Supreme Court of the United States, at the National Conference on Public Trust and Confidence in the Justice System

I work in a building which bears a marble inscription over the entrance that says "Equal Justice Under Law." The subject of this conference shows an admirable awareness of the importance of public trust as a dimension of equal justice under law. This is the first national conference on this subject and it is very impressive that so many state chief justices and state court administrators are here. Also impressive is the imposing array of national court organizations, the American Bar Association, state bar associations, representatives of the federal judiciary, the League of Women Voters, and the many private citizens and citizen groups who are also present. This is a most worthy and appropriate conference.

When he invited me to speak today, my fellow Arizonan, Chief Justice Tom Zlaket, made it clear that he and his fellow chief justices are not here not only to learn more about how we can build public trust in the justice system, but also to become catalysts for action on this subject. The measure of this conference will be what happens when you return home, what you do about the conclusions reached here.

The 1999 national survey taken by the National Center for State Courts provides a fascinating glimpse into public attitudes about state courts. Together with the earlier survey conducted by the American Bar Association, the surveys reveal a fairly high level of public confidence in our courts. There is a widely held belief, that, although not perfect, our justice system is one of the best in the world, and public confidence in our system has increased over the last 20 years, even as confidence in other public institutions has declined. Slightly over one half of those surveyed had been called for jury service at some time in their lives. The ABA survey revealed strong public support for the use of juries. But the surveys also showed substantial dissatisfaction in some areas and many opportunities for increasing public confidence and trust in the justice system.

You have now explored public attitudes and examined your own experiences in the justice system and have identified a number of critical issues. I have not had the opportunity to be with you for your discussions and will mention only a few areas relating to my own longtime concerns. My failure to mention other issues is by no means an indication that I consider them unworthy of attention.

II. Racial Bias and Court-Community Relations

The second issue that should be of concern to all of us is the belief of African-Americans that our system of justice does not serve them well. The results of the public opinion survey for this conference illustrate the magnitude of this problem. Two-thirds of the African-Americans surveyed believe that courts are out of touch with the community and that African-Americans are treated somewhat or far worse than other racial groups. Moreover, the survey indicated that members of other racial groups agreed that African-Americans are treated less fairly by the courts than other groups. Clearly this is a problem that must be addressed.

As we near the end of the 20th Century, we have made great strides towards the racial integration of our society, the pursuit of gender equality, and the protection of fundamental rights and freedoms. But legal change is not always enough. The perception that African-Americans are not accorded equality before the law is pervasive and it requires us to take action at every level of our legal system, especially at the local level. The nature of such action will be determined by you and your colleagues. The fact that a conference such as this is taking place indicates that courts are interested in establishing closer relations and better communication with the minority communities they serve. But concrete action must be taken to ensure that court services do not operate in ways that perpetuate racial or gender bias.

The problem of perceptions is not confined to the African-American community. The pre-conference survey reveals that a majority of Hispanic Americans and 40% of whites also feel that courts are out of touch with the community. There are, of course, ethical and prudential limits on the extent of interaction of judges with the public, but these constraints on judges may permit a more active role for judges in the community than is common. As a result of this conference, I hope that states will begin to explore the permissible scope of court-community relations and examine the various ways in which these relations can be strengthened.

Conclusion

This Conference has identified many possible ways in which you can work to broaden citizens' understanding and trust of our justice system. Such understanding and trust is, of course, essential to our system of government. Indeed, as judges, court administrators, and attorneys, we all rely on public confidence and trust to give the courts' decisions force. This is why we must be aware of public opinions of and attitudes toward our system of justice. And it is why we must seek to keep and build that trust. We can do this by working to create a just society. The justice system must provide for the fair, prompt, and proper resolution of the conflicts brought to it, and it must also work to help the public see what the system is doing and how it is being done. You have taken a first step toward this goal by meeting here. It is my hope that this conference has provided you with ideas for actions you can take when you return home to put the goals of this conference into effect and make it the landmark event that its organizers hope it will be. I wish you every success in your efforts on behalf of our system of justice.