State Courts, the Supreme Court, and Public Trust

• In Event: Data in Indigent Defense: The International Society for Therapeutic Jurisprudence

Abstract

A Gallup poll recently found that only 1 in 4 American adults had “a great deal” or “quite a lot” of confidence the United States Supreme Court. Among judges, the current figure is only a little better: 1 in 3. Significantly 4 in 10 of the judges said they have “very little” confidence in the court. How the public views the Supreme Court drives much of the public’s thinking about all judges.

Declining faith in the United States Supreme Court seems partially rooted in a concern that the high court is deciding cases based on politics. Attitudes toward the Supreme Court parallel views of state courts. In 2021, 53% of polled respondents said the word “political” describes the state courts as well or very well; today that number is 61%. This erosion in trust gives rise to a concerted effort to reform how courts deliver services.

State courts need to respond and change how courts deliver services, by premising all service delivery on procedural fairness. I will consider this in the specific context of cases involving criminal law, and examine it from the perspective of therapeutic jurisprudence.

Author

• Kevin Burke, Retired Judge, Hennepin County District Court