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    Separate Branches, Shared Responsibil ities:

    A National Survey of Public Expectations on Solving Justice Issues

    Conducted on behalf of the National Center for State Courts

    Princeton Survey Research Associates Intl.

    For the National Center for State Courts

    April 2009

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    ACKNOWLEDGEMENTS

    Many knowledgeable individuals contributed to this report directly or indirectly, through the

    development of the survey questionnaire, analysis of the results, and production of the report.

    All have our gratitude. The ABA Summit organizers, staff from the Council of State

    Governments and the Pew Center on the States contributed suggestions that helped shape thequestionnaire, as did Professor Roger Hartley of the University of Arizona. David Rottman and

    Jesse Rutledge of the National Center from State Courts (NCSC) provided useful advice in

    designing the survey questions and reviewing drafts of the report. Staff from the

    Communications Section of the NCSC oversaw publication of this report. This survey was made

    possible by funding from the Pew Center on the States, the State Justice Institute, and the

    National Center for State Courts.

    This survey was commissioned to inform a National Summit sponsored by the American Bar

    Association Presidential Commission on Fair and Impartial State Courts in cooperation with the

    National Center for State Courts. The Summit on Justice is the Business of Government:The Critical Role of Fair and Impartial State Courts, took place on May 7-9, 2009.

    All statements and interpretations contained in the report are those of Princeton Survey

    Research Associates International and do not reflect the policy positions of the American Bar

    Association, the Pew Center for the States, the State Justice Institute or the NCSC.

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    Table of Contents

    THE SURVEYDESIGN AND REPORTING I N BRIEF..................................................................... 1

    EXECUTIVE SUMMARY......................................................................................................... 2

    DETAI LED FINDI NGS .................................................................................................... 13

    I. KNOWLEDGE OF STATE GOVERNMENT AND THE JUDICIAL BRANCH ............................... 14

    Does Your State Have Its Own Constitution? ....................................................................14

    Can You Name the Three Branches of State Government? ................................................14

    Are Your State Supreme Court Judges Elected by the Voters? ...........................................15

    Can Your State Supreme Court Declare an Act of the Legislature Unconstitutional? .............16

    Summing Up: The Knowledge Index ...............................................................................16

    II. CONFIDENCE IN THE THREE BRANCHES OF STATE GOVERNMENT .................................. 17

    Majorities Express Confidence in All Three Branches, Courts on Top ..................................17

    The Better Informed, More Attentive Give Judicial Branch Higher Ratings ...........................18

    Courts Confidence Ratings Dont Follow Party Lines .........................................................18

    Governors Popularity Impacts Other Branches, but Opinion of Judiciary Least Affected .......18

    III. A TTITUDES TOWARD THE JUDICIAL BRANCH ............................................................. 19Majority Sees Court Decisions as Tied Up in Politics ..........................................................20

    Public at Large, Informed Group Differ on Key Attitudes ...................................................21

    Summarizing Attitudes Toward the State Courts: Knowledge is Key ...................................23

    Public At Large, Informed Group Differ on Balance of Power Among Branches ....................24

    IV. THE LEADERSHIP ROLE OF THE JUDICIARY AND OTHERBRANCHES .............................. 26

    The Public Wants Each State Branch to Play a Big Role in Problem Solving .........................27

    Legislators Are Favored Leaders on Issues Facing States ..................................................27

    V. THE JUDICIARYBUDGET PROCESS AND PRIORITIES ................................................... 2 9

    Tri-Branch Committee the Preferred Group to Make Court Funding Decisions......................29

    Preserving the Courts Decision-Making Capacity is the Priority for Budget ..........................31 VI. ENHANCING INTER-BRANCH COOPERATION .............................................................. 32

    Strong Public Support for Regular Meetings of the Government Branches ...........................33

    Mandated Tri-Branch Meetings Less Appealing to Supporters of Independent Judiciary .......33

    Public Endorses Discussion of All Aspects of the Judicial System ........................................34

    Public Prefers a Rotating Chairperson to One Branch Controlling Meetings..........................35

    On-the-Job Observation of Officials From Other Branches .................................................36

    VI I. PUBLIC EXPERIENCE W ITH THE STATE COURTS ......................................................... 3 6

    Contact With the Courts .................................................................................................37

    Experience With the Courts Has Minimal Impact on Opinions of the Judiciary .....................38

    TECHNICAL APPENDIX ................................................................................................. 39

    SURVEYMETHODOLOGY.................................................................................................... 40Summary ......................................................................................................................40

    Design and Data Collection Procedures............................................................................40

    Weighting and Analysis ..................................................................................................41

    Effects of Sample Design on Statistical Inference .............................................................43

    Response Rate ..............................................................................................................44

    INTER-BRANCH RELATIONS SURVEYTOPLINE RESULTS ........................................................ 45

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    A NATIONAL SURVEY ON STATE GOVERNMENT: EXPECTATIONS FORRELATIONS AMONG THE BRANCHES

    PRINCETON SURVEYRESEARCH ASSOCIATES INTERNATIONAL APRIL 2009

    1

    THE SURVEYDESIGN AND REPORTING IN BRIEF

    This report presents the results of a new National Center for State Courts (NCSC) study about

    public perceptions of how the three branches of state government should work together in

    forging and supporting policies affecting the administration of justice. A representative national

    telephone survey of 1,200 adults age 18 and older was conducted from February 17 to March 8,

    2009 by Princeton Survey Research Associates International (PSRAI). For results based on the

    total sample, the overall margin of sampling error is plus or minus three percentage points.

    The report begins with an executive summary that highlights the

    key findings concerning the publics opinions about how the

    branches of government should work together and the effects of

    such cooperation on the state courts in particular. The subsequent

    sections present the detailed findings of the survey according to

    seven key topics. Each section begins with an overview of the

    results for the topic area and then provides specific survey findings

    for related questions, including any relevant comparisons across the

    key socio-demographic subgroups considered for this survey

    analysis. In addition to socio-demographic characteristics,

    respondents are grouped and then compared by their knowledge

    about their state government and courts, confidence in the state

    courts, the way in which state supreme court judges are selected in their state, their attitudes

    toward their state courts and the way the courts make decisions, and how closely they follow

    news about their state.

    Other important notes on the findings in this report include:

    Each substantive question in the survey was analyzed by the key backgroundcharacteristics, but only those differences that illuminate the overall finding or relate to

    the publics attitudes about sentencing are discussed.

    In addition, differences between groups are included only if they are statisticallysignificant at the 95% confidence level. Should any difference not be statistically

    significant at this level, but is reported for other reasons, that will be noted.1

    Significance testing ensures that differences reported are unlikely to be the result of

    chance alone.

    A more detailed description of the survey methodology, including an explanation of significance,

    is included in the Appendix of this report.

    1 Similarly, differences related to highly correlated background characteristics, such as age, education andrace/ethnicity, are reported only if they remain statistically significant independent of one another. If that is notthe case, but these differences are included, that will be noted.

    KKEEYY BBAACCKKGGRROOUUNNDDCCHHAARRAACCTTEERRIISSTTIICCSS CCOONNSSIIDDEERREEDD

    IINN SSUURRVVEEYY AANNAALLYYSSIISS

    SexAge

    Education

    Income

    Race/Ethnicity

    Political Party ID

    Knowledge of State Govt./Courts

    Confidence in the Court

    State Supreme Court JudgeSelection Method

    Attitudes Toward State Courts

    Attention to State News

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    EXECUTIVE SUMMARY

    The financial crisis and the recession have put great pressure on state governments in this

    country. Declining tax revenue has put pressure on the states to cut services, raise taxes, and

    find other sources of money to make up the difference. At the same time, the problems that

    need the attention of state government have not gone away. In fact, some have become even

    more urgent given the economic downturn. Can the three branches of state government find

    new ways to work together to meet the challenges of these difficult times? The new NCSC

    Inter-Branch Relations Survey on state government, conducted by Princeton Survey Research

    Associates International, examined public opinion toward state government to better

    understand Americans priorities, attitudes toward the three branches generally and the judicial

    branch specifically, and what factors most shape peoples views.

    Interviewing for this national poll of 1,200 U.S. adults was conducted in February and March of

    2009, as the new President and Congress were working toward a stimulus package to provide

    relief to states and get the economy moving again. The results of the new survey show a

    widespread public desire for cooperation among the branches at the state level. The following

    are among the major findings of the new NCSC poll:

    Substantial public support is found for more cooperation among the branches in mattersrelated to the justice system. Nine in 10 Americans think it is important for the heads of

    the three branches to meet regularly to discuss such issues. A majority of Americans

    also see value in on-the-job observation of officials from other branches as a way to

    better understand and appreciate the role of each branch.

    The public views the judiciary differently than the other branches. People are morelikely to express confidence in the state courts than the executive and legislativebranches. Opinions of the courts are less tied to partisan identification or other politicalinfluences. In addition, those best informed about their state government have themost positive views of the courts, regardless of party preference.

    There is widespread public support for the principle of separation of power to give statesupreme courts the final say in deciding controversial issues. Recognizing the value of

    an independent judiciary, not political party affiliation, is the bigger factor impacting

    peoples attitudes about the way the courts make decisions.

    The public wants all three branches to play a major role in helping solve key problemsfacing the states, like prison overcrowding and caring for neglected and abused children.

    But people tend not to think the judiciary should take the lead role in efforts to solve

    these problems. People are instead more likely to choose the legislative branch to play

    such an overtly political role.

    The American public is opposed to budget cuts that would affect the core functions ofthe judiciary. Majorities reject suspending jury trials and reducing the number of judges

    through attrition as cost-cutting measures. In addition, it supports the proposals of

    increasing court fees and reducing court hours only if there are no other options.

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    Most Americans Lack Basic Know ledge About State Government

    To better understand public opinion toward state government and relations between the

    branches, it is important to recognize that many Americans have a very limited knowledge base.

    In fact, the NCSC Survey finds that most people lack the basic knowledge about their state

    government and how it operates that would have been necessary to pass high school civics,

    back when such classes were still widely part of the curriculum.

    To measure knowledge, the NCSC Survey included six factual questions about the state

    government generally and the judicial branch specifically. Only about a third (31%) of the adult

    U.S. population demonstrates a reasonably high level of knowledge about state government by

    answering at least four of these six questions correctly. This is the segment of the population

    who are more likely to civically active and to make an effort to educate others and try to

    influence their opinions. Demographically, the high knowledge group is most distinguished by

    education status. A majority of college graduates (58%) score high on knowledge, compared

    with fewer than two in 10 people with a high school

    education (17%).

    As will be demonstrated in the full report, this high

    knowledge group differs from the broader public in its

    attitudes toward the judicial branch. These better-

    informed citizens tend to have more confidence in

    their state courts, are more likely to see judges

    decisions as fair, and more highly value an

    independent judiciary.

    Legislature Tops Other Branches in Public Aw areness

    The NCSC Survey asked people to name the branches of their state government in an open-

    ended format, i.e., without suggesting any answers. Those who named a branch were probed

    for a full response to see if they were, in fact, aware of all three branches. Most people were

    not up to the challenge. Only about one in five (21%) randomly sampled U.S. adults correctly

    named all three branches, while more than four in 10 (44%) drew a blank and failed to

    correctly identify any of the three branches.

    One branch of state government proves to be more salient to the public than the other two

    branches the legislature. Forty-five percent were able to name the legislative branch or statelegislature. Although the governor is generally regarded as the best known individual in state

    government, the governors office did not score any higher than the judiciary in unaided public

    awareness. A third (33%) mentioned the executive branch or the governor and a third (34%)

    named the judicial branch or the state courts a statistical tie for second place.

    TABLE A: KNOWLEDGE OF STATE GOVERNMENTBY EDUCATION

    Knowledge Index Score*

    High(4+ correct)

    Medium(2-3)

    Low(0,1)

    TOTAL 31% 39% 31%

    Education

    College graduate 58 28 15

    Some college 37 39 25

    H.S. graduate 17 47 36

    Less than H.S. 6 39 55

    * Scores based on six items measuring awareness of stategovernment and the courts.

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    Less than Half Aw are of Judiciarys Authority to Check Legislature

    Most Americans know their state has its own constitution, but people are less likely to be

    familiar with the power that the constitution gives the state judiciary to check the power of the

    legislature. Over half (53%) the public is aware of their state constitution, but only four in 10

    (41%) know that the state constitution invests the state supreme court with the authority to

    strike down acts of the legislature as unconstitutional.

    Higher Awareness of Judicial Selection in States W here Judges Run for Office

    Overall, about half (51%) of U.S. adults show themselves to be aware of the way their state

    selects supreme court judges, i.e., whether they are elected or appointed. Awareness is higher,

    however in states where judges are required to run for office. In states that elect judges, a

    clear majority (55%) know the situation, compared with only about a third (34%) of those in

    states without any elections for the state supreme court. Unlike all the other knowledge

    questions, no significant difference is found by education in the percent knowing the right

    answer. Fifty-three percent of college graduates answer correctly, as do 48% of those with ahigh school education or less.

    All Three Branches Receive Vote of Confidence, But Courts Bes t Regarded

    Majorities of Americans say they have a lot

    or some confidence in all three branches of

    their state government, but the judicial

    branch stands out as the branch that the

    public holds in highest regard.

    Roughly three-quarters (74%) of the publicgives the courts a positive confidence rating.

    Scores for the other two branches are not as

    high. About two thirds have at least some

    confidence in the office of governor (65%)

    and the state legislature (66%).

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    Ratings of Judicial Branch Highest Among Best Informed

    Those who scored high on the knowledge

    index are significantly more likely than less

    informed citizens to express confidence in

    their state courts. By a margin of 83% to

    65%, the high knowledge group is more likely

    than the low knowledge group to say they

    have at least some confidence in the judicial

    branch. These confidence rating patterns are

    not evident in the confidence ratings for the

    executive and legislative branches.

    Courts Ratings Less Affected by the P olit ical Environment

    Political party identification does not significantly impact confidence ratings for the judicial

    branch. Statistically similar numbers of Republicans (77%), Democrats (74%), andIndependents (73%) say they have a lot or some confidence in the courts. In contrast, the

    state legislature gets higher ratings from Democrats than Republicans and Independents (73%

    vs. 64% and 62%), while the governors office gets higher ratings from Independents and

    Republicans than Democrats (68% and 67% vs. 61%).

    Confidence ratings for all three branches tend to increase when an incumbent governor is

    popular and decrease when people are unhappy with the governors job performance. Ratings

    for the judicial branch, however, are not as tied to the ups and downs of the popularity of state

    governments chief executive as the other branches are. Among those who approve of their

    governors job performance, nearly nine in 10 are confident in the executive branch (87%), andabout eight in 10 are confident in the courts (81%) and the legislature (78%). But among

    those who disapprove of the governor, only the courts get a positive confidence rating from a

    clear majority (67% vs. 50% legislature, and 30% governors office).

    State Supreme Courts Role as Final Arbiter Widely Supported

    The NCSC Survey finds gaps in Americans

    knowledge about what the courts do and fairly

    widespread criticism of the judiciary for not

    always being able to stay above politics.

    Nonetheless, when it comes to the question of

    whether the state supreme court should

    maintain its role as the final arbiter on key

    controversial issues, the public supports the

    constitution. Overall, more than two-thirds

    (71%) of Americans say their state supreme

    court should keep its ability to decide controversial issues, while only about a quarter (23%)

    TABLE B: STATE GOVERNMENT CONFIDENCE RATINGSBY KNOWLEDGE

    Percent With A lot or SomeConfidence in

    Courts Legislature Governor

    TOTAL 74% 71% 65%

    Knowledge Index

    High 83 65 62

    Medium 74 67 67

    Low 65 67 64

    Percentages should be read across, by row.

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    feel its power should be restricted and it should not decide as many controversial issues as it

    does now.

    Yielding to Courts Authority on Controversial Issues a Basic American Value

    Giving the judiciary the power to make these kinds of decisions would seem to be a basic,

    shared value in American society. Neither knowledge level nor political partisanship has much

    effect on public support for upholding the authority of the judicial branch. A large majority

    (77%) of the high knowledge group say their state supreme court should retain the power it

    has now, but so do nearly as many (71%) of those in the low knowledge group. Despite the

    criticisms of activist judges often voiced by conservative politicians and groups, only 27% of

    Republicans say they would like to put limits on their state supreme courts power to decide

    controversial issues. That is only slightly higher than the percentage of Democrats (20%) with

    similar views.

    Many Criticize Courts for Failing to P ut Polit ics Aside

    While people tend to look to the judicial branch as the best option for keeping certain decisions

    out of the political arena, many feel politics intrudes in court decisions more than it should. A

    clear majority (59%) of Americans say the decisions of their state courts are too often mixed

    up in politics, while a third (34%) credit their state courts with generally keeping politics out of

    their decisions. The tendency to see politics having undo influence on the courts does not vary

    significantly by knowledge level about state government or by party identification. This is yet

    another survey finding at odds with the notion that Republicans are more critical of the courts

    for legislating from the bench.

    Independent Judiciary Most Appreciated by Best InformedOn several other key attitudes that underlie opinion about the credibility of the state courts, i.e.,

    peoples attitudes about the way the courts make decisions, the most knowledgeable third of

    the public differ significantly from those less informed about state government. Specifically:

    A 55% majority of the high knowledge group believes that their state courts can usuallybe trusted to make decisions that are right for the state as a whole. That figure drops

    to 42% for the medium knowledge group and 30% in the low knowledge group.

    A 58% majority of those in the high knowledge group value judicial independence,saying it is better for the courts to be independent and less influenced by public opinion,

    compared with 42% in the medium and 37% in the low knowledge groups.

    There is also a relationship between how much confidence people have in their state courts and

    whether or not they personally value the concept of an independent judiciary. A solid majority

    (60%) of those with a lot of confidence in their state courts say it is important for judges to be

    independent, compared with less than half (46%) of those with some confidence in their courts

    and only about a third (31%) of those with not much or no confidence. This helps explain the

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    differences in court credibility attitudes by knowledge its not just a matter of being attentive

    to what the courts are doing, but also understanding their proper role.

    Courts Credibil ity Index Scores Show Impact of Know ledge, Party ID

    To summarize attitudes toward the state courts, the survey respondents were scored on a

    Courts Credibility Index comprised of four measures of attitudes toward the courts previously

    noted in this executive summary: 1) support for

    the authority of the state supreme court to

    decide controversial issues; 2) the perceived

    impact of politics on court decisions; 3)

    perceived consideration for the general welfare;

    and 4) the value of an independent judiciary.

    Respondents were classified into three groups

    based on their index score. Those in the high

    category (32% overall) mostly answered three

    or four questions positively, those in the low

    category (31%) mostly answered three of the

    four questions negatively. The medium group

    (37%) had a mix of positive and negative

    answers. Table C provides a break down of

    index scores by key subgroups.

    Analysis of the Courts Credibility Index scores shows how different the best informed Americans

    are from the rest of the adult population. Almost half (45%) of the high knowledge group

    scored high on the credibility index, and less than a quarter (22%) scored low. In contrast, themedium and low knowledge groups include more people classified as low in their courts

    credibility attitudes than are classified as high.

    Best Informed Have Different Views on Balance of Power

    About half (49%) of the public does

    not want to see the balance of

    power between the judiciary and

    the other branches change.

    However, one in four (24%) want

    elected officials in the executiveand legislative branch to have more

    control over the judiciary than they

    do now and one in five (19%) want

    these other branches to have less

    control than they do now.

    TABLE C: COURTS CREDIBILITY ATTITUDESBY SUBGROUPS

    Courts Credibility Index Score*

    High(most pos.) Medium

    Low(most neg.)

    TOTAL 32% 37% 31%

    Knowledge Index

    High 45 33 22

    Medium 29 35 36

    Low 23 43 34

    Confidence in Courts

    A lot 49 32 19Some 33 36 31

    Not much/None 15 37 48

    Party ID

    Republican 33 33 34

    Democrat 31 37 32

    Independent 35 38 27

    * Scores based on four items measuring attitudes toward the statecourts.

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    Again, those in the high knowledge group have opinions that diverge somewhat from the views

    of the public at large. Like the broader public, the best informed Americans are most likely to

    oppose a shift in the balance of power (50%), but those who favor change are more likely to

    say the two other branches should have lesspower over the courts, not more (27% vs. 14%).

    Public W ants All Three Branches Involved in Addressing Key ProblemsThe public believes that each branch of state government has an important role to play in

    efforts to address key problems facing their state. The NCSC Survey included a description of

    two specific problem areas affecting the criminal justice system: 1) prison overcrowding (in the

    news at the time the survey was conducted because of a ruling in California forcing the state to

    reduce the number of incarcerated individuals); and 2) the issue of caring for neglected and

    abused children who are removed from their parents homes for their own protection. After

    hearing these problems described, solid majorities of adults surveyed say each branch should

    play a big role as opposed to a small role or no role at all in efforts to find solutions.

    For both problem areas, almost seven in 10

    Americans want legislators to have a big role,

    and six in 10 want their states governor to be

    a major player. Once again, the courts stand

    out as different from the other two branches.

    People are more inclined to think judges

    should play a big role in helping solve

    problems related to the care of neglected and

    abused children than endorse a similar role

    for judges in addressing prison overcrowding (67% vs. 59%). In fact, those who say they havebeen exposed to a lot of news about the problem of caring for abused children are more likely

    to want judges to play a big role than they are legislators or the governor.

    TABLE D: ROLE OF THE THREE BRANCHES IN SOLVINGSTATE JUDICIAL PROBLEMS

    Percent Who Say BranchShould Play a Big Role

    Legislators Judges Governor

    In efforts to address

    Prison overcrowding 69% 59% 64%

    Caring for neglectedand abused children

    69% 67% 62%

    Percentages should be read across, by row.

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    No Consensus on W ho Should Lead, But Legislators Picked More Often

    While there is consensus that all three branches

    should be involved in working toward solutions to

    key problems, the public is divided on which

    branch should take the lead rolein efforts to find

    solutions. For both problem areas, however, morepeople choose the legislature to lead than either

    of the other two branches. For caring for abused

    and neglected children, the judiciary ranks second

    as the choice to lead and the governor ranks third.

    But the ranking of those two branches is reversed

    for prison overcrowding.

    Four in 10 adults (39%) say they would like their

    state legislators to lead efforts to address prison

    overcrowding in their state. The governor rankssecond (27%) followed by judges (22%). As

    many as one in 10 offers no opinion on which

    branch should take the lead. The judiciarys position as least preferred to lead on this issue is

    consistent with the lower percent who think judges should play a major role in addressing the

    problem. As interpreters of the law, it is understandable that judges would not be the first

    choice of many to play the most visible role in efforts to solve this problem.

    As is seen for prison overcrowding, the leadership role in efforts to solve problems related to

    the care of neglected and abuse children is most often assigned to the legislature. In this case,

    however, judges rank second (27%) and the governor ranks third (24%). This is an issuewhere the public seems a bit more comfortable with judges having a prominent role.

    Leadership Preferences Not Tied To Demographics, Know ledge or Confidence

    Public preferences for which branch should take the lead on key issues does not vary

    significantly by education level, knowledge about state government, party identification, or

    approval of the governor. It is noteworthy that those who have a high level of confidence in

    the state courts are not significantly more likely to think judges should lead than those who

    have less confidence in their state judiciary. Those who have had direct personal experience

    with their state courts are also no more likely than those without such experience to want to

    see judges in a leadership role. The legislatures standing as the most popular leadership

    preference most likely has to do with its traditional role as a political institution that unlike the

    governor includes representation from both parties to better represent all points of view.

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    Shared Decision-Making P reference Extends to Court Budgets

    If it were up to the American public, state court

    budgets would not be determined by the

    legislature or any single branch, but decided by a

    non-partisan committee with representation from

    all three branches of government. Overall, about

    half (51%) say they prefer such collaboration in

    reaching decisions about budgets for the judiciary

    while about four in 10 (41%) do not like the

    approach of a consensus decision and would

    rather give the final say to one branch.

    When people are asked to choose one branch to make the final decision on funding the courts,

    no single branch is chosen by a majority, but once again the legislature is named more often

    than the other branches. Four in 10 (42%) say they would like their state legislature to have

    the final say on the state court budget, while three in 10 (30%) want the governor to make the

    call, and two in 10 (21%) would rather see the chief justice of the state supreme court as the

    final decision-maker.

    Public Wary of Budget Cuts that Limit Adjudication

    State courts across the country are facing tough budget decisions that require creativity to find

    ways to cut costs. The public finds some of the measures being considered to be tolerable, but

    is reluctant to back any belt-tightening that would limit the decision-making capacity of their

    state courts. Two-thirds (66%) of Americans categorically reject the proposal of suspending

    jury trials as a way to reduce costs. Over half (53%) also reject out of hand the idea ofreducing the number of judges through attrition.

    Two other proposed ways to cut costs are somewhat more palatable to the public, although in

    both cases many people would be supportive only if there is no other option. Close to two-

    thirds (64%) would at least consider periodically closing courthouses to save money and over

    half (55%) would support a hike in court fees for those filing lawsuits to help balance the courts

    budget. Much of this support, however, is contingent on exploring all other options before

    taking such measures.

    TABLE E: PRIORITIES FOR COURT BUDGET CUTS

    Notacceptable

    Only if noother option

    Generallyacceptable

    Stop holding jury trials 66% 19% 10%

    Not replacing judges who retire or die 53% 27% 16%

    Raising the fees charged to peoplewho want to take a case to court 40% 28% 27%

    Closing the courthouse for one ormore days each week 33% 33% 31%

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    Widespread Public Support for R egular Tri-Branch M eetings

    Substantial public support is found for increasing cooperation among the branches of state

    government in matters related to the justice system. Nine in 10 Americans say they think it is

    very (65%) or somewhat (25%) important that the heads of the three branches of state

    government hold regular meetings to discuss issues related to the effectiveness and fairness of

    the justice system.

    In fact, many people feel it is so important to

    convene these meetings that they should be

    mandated into law. About three-quarters (74%)

    of Americans say state law should require the

    heads of the three branches of government to hold

    joint meetings on a regular basis. Support for

    these regular meetings is seen among those more

    and less knowledgeable about state government,

    and across party lines.

    Reinforcing other survey findings that show broad public support for cooperation among the

    branches, a majority (57%) of Americans would like to see the heads of the three branches

    take turns chairing these hypothetical tri-branch meetings. The rotating chairperson preference

    scores much higher than the second most popular response to this question about one in five

    (18%) would like to see the governor in the role of chairperson.

    Public Favors W ide-Ranging Agenda for Meetings of B ranch Leaders

    Americans feel that meetings of the branches should cover a range of issues. Large majoritiessay it would be appropriate to discuss court funding needs (84%), sentencing policy (75%),

    drafting laws that do not violate the constitution (74%), the costs of filing a court case (70%),

    and even controversial court decisions (67%).

    Public Sees Benefits From On-The-Job Observation

    The public looks favorably on the idea of initiating state programs that would allow legislators

    and trial judges to spend a day observing one another on the job. Nearly six in 10 (58%)

    people surveyed say they think this type of program is a good use of judges and legislators

    time, and presumably helps them understand the responsibilities of the other branch and

    enhances cooperation between the branches. Just over a third (35%) of the public disagrees,saying they think this type of program is not likely to accomplish much.

    Over Half of Americans Report Contact with their State Courts

    The NCSC Survey asked respondents about their experiences with their state courts, in order to

    test whether those with such experiences differed in their attitudes toward state government

    generally and the judicial branch in particular.

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    A majority of U.S. adults (56%) reports having some form of direct experience, contact or

    involvement with a state court case. Forty-three percent of Americans report they have not

    ever had any contact with their state courts. The most common experience with the state

    courts involves being called for jury duty 22% of those surveyed report having been called

    but not selected, while 15% report being selected as a juror or an alternate juror in a state

    case. Very few people report experiencing the courtroom as a defendant (7%), a person filing

    a lawsuit (4%), a person being sued (2%) or in some other capacity (2%).

    Opinions of Judiciary Not Affected by Court Experience

    Personal experience with the judicial system has minimal influence on peoples opinions of state

    courts and judges. For the most part, adults who have been involved with the courts and those

    who have not share similar views about all aspects of the judiciary. The one exception is

    attitudes toward cost-cutting measures that might affect the courts decision-making capacity.

    Those with direct personal experience seem to have a more realistic perspective and more

    adamantly such oppose measures. Specifically, 76% of adults with court experience say it is

    not acceptable to suspend jury trials as a means of cutting the court budget, compared with

    55% of adults who have not had contact. Likewise, those with court experience are more likely

    than the inexperienced to say it is unacceptable to try to cut costs by not replacing judges who

    retire or die (56% vs. 49%).

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    DETAILED FINDINGS

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    And more than two in five (44%) randomly sampled adult Americans drew a blank and couldnt

    name any. The survey finds the legislative branch of state government to have a higher profile

    with the general public than either the executive or judicial branches.

    Forty-five percent were able to name the legislative branch or state legislature in this three-part

    open-ended question. Although thegovernor is generally regarded as

    the best known individual in state

    government, the governors office

    did not score any higher in unaided

    awareness than the judiciary. A

    third (33%) mentioned the

    executive branch or the governor;

    a third (34%) named the judicial

    branch or the state courts.

    College graduates were more likely

    to name all three branches, but like the public as a whole were more likely to cite the legislative

    (69%) than the executive (57%) or judicial (56%) branches.

    Are Your State Supreme Court Judges Elected by the Voters?

    Only about half (51%) of all U.S. adults surveyed answered correctly when asked about the

    method used to select their state supreme court judges. But there is evidence of greater

    awareness in states where judges

    are required to run for office.

    In states that elect, a clear majority

    (55%) demonstrated knowledge of

    how things are done in their state.

    In contrast, only about a third (34%)

    of those living in states without any

    elections for the state supreme court

    judges know how things are done.

    In fact, nearly a third (30%) are

    under the mistaken impression thatthese judges are elected.

    Unlike all the other knowledge questions, this is a case where better educated respondents

    were not significantly more likely than the less well educated to know the right answer. Fifty-

    three percent of college graduates answered correctly, only slightly higher than the 48% of

    those with a high school education or less.

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    Can Your St ate Supreme Court Declare an Act of the LegislatureUnconstitutional?

    In the last and what proved to be the most difficult closed-ended knowledge question, less than

    half (41%) of respondents showed awareness that acts of the legislature can be declared

    unconstitutional by their state supreme court. Thirteen percent got this question wrong, saying

    the states highest court has no such authority, and 44% said they didnt know. Roughly half

    (52%) of college graduates surveyed recognized this role for their state judiciary, compared

    with less than four in 10 of those with a high school education or less.

    Summ ing Up: The Know ledge Index

    When respondents are scored on the basis of their performance on this six question quiz the

    results show lots of room for improvement. Most Americans fail to demonstrate the kind of

    basic knowledge about their state government that would have been required to pass a high

    school civics class, back when such classes were still widely taught in public schools. Only

    about a third (31%) are classified as high on the Knowledge Index on the basis of correctlyanswering at least four of the six questions. An equal number (31%) are classified as low on

    the Knowledge Index, with only one correct answer or none correct. The largest segment of

    the public (39%) is in the middle, with two or three correct answers.

    As shown in Table 1, when scores to the Knowledge Index are broken down by subgroups

    some clear patterns are seen.

    Men are more likely to score high than women(36% vs. 26%); while women are more likely

    than men to score low (35% vs. 25%). This

    gender pattern is consistent with national

    survey evidence that men pay more attention

    to government and politics than women do.

    There are very large differences bysocioeconomic status. While nearly six in 10

    (58%) college graduates fall into the high

    knowledge category, this compared with fewer

    than one in 10 people with a high school

    education or less. By race, 37% of whites

    score high, compared with just 19% of African-

    Americans and 14% of Hispanics.

    Republicans, who vote at higher rates thanDemocrats and tend to pay more attention to

    political news, score significantly higher in

    knowledge. Forty percent of Republicans are

    classified as high in their knowledge of state

    government, compared with 26% of Democrats and 31% of Independents.

    TABLE 1: KNOWLEDGE OF STATE GOVERNMENTBY SUBGROUPS

    Knowledge Index Score*

    High(4+ correct)

    Medium(2-3)

    Low(0,1)

    TOTAL 31% 39% 31%

    Sex

    Male 36 39 25

    Female 26 38 35

    Race/Ethnicity

    White 37 37 26

    Black 19 42 39

    Hispanic 14 50 36

    Education

    College graduate 58 28 15

    Some college 37 39 25

    H.S. graduate 17 47 36Less than H.S. 6 39 55

    Party ID

    Republican 40 37 22

    Democrat 26 40 34

    Independent 31 41 27

    * Scores based on six items measuring awareness of stategovernment and the courts.

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    II. CONFIDENCE IN THE THREE BRANCHES OF STATE GOVERNMENT

    Section Overview

    Most Americans express at least a moderate level of confidence in the three branches of their

    state government but relatively few express high confidence. The judicial branch stands out as

    the branch that receives the highest confidence ratings overall and the one branch that gets

    significantly higher confidence ratings from the best informed citizens those able to

    demonstrate a high level of knowledge about state government and the courts.

    Majorit ies Express Confidence in All Three Branches, Courts on Top

    The NCSC Survey asked people how much confidence they have in different state and local

    government institutions to do their job. The state courts come out on top, in terms of total

    confidence with roughly three-

    quarters (74%) saying they have a

    lot or some confidence in them.

    That puts the state courts slightly

    above local government, which

    receives a slightly lower total

    confidence rating (71%). The

    number of people who say they

    have a lot of confidence in the

    courts, however, is slightly less

    than is seen for local government

    (22% vs. 25%). Higher ratings for

    local government would beexpected. As a general rule, people

    give more positive ratings to institutions that are close to home, e.g., people rate their local

    public schools higher than the schools nationwide.

    When the total confidence rating is considered combining the percent who feel a lot or some

    confidence the executive branch and the legislative branch score about the same. About two-

    thirds have at least some confidence in the office of governor (65%) and the state legislature

    (66%). The public is more likely to express high confidence in the governors office than it is

    the legislature (22% vs. 15%).

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    The Better Informed, More Attentive Give Judicial Branch Higher Ratings

    Confidence rating patterns are different

    for the judicial branch than they are for

    the executive and legislative branches.

    In particular, the high knowledge and

    low knowledge groups are about

    equally likely to express confidence in

    these two branches, while important

    differences by knowledge are evident

    in confidence ratings for the courts.

    Citizens who are better informed about

    state government and more attentive

    to news about their state express

    higher confidence in the courts than

    those who are less informed and less

    engaged. By a significant margin

    (83% vs. 65%), those scoring high on

    the knowledge index are more likely to

    have confidence in their state courts than those with low index scores. Also by a significant

    margin (77% vs. 61%) those who follow state news very or somewhat closely are more likely

    than those less attentive to state news to have confidence in the courts.

    Courts Confidence Ratings Dont Follow Party Lines

    Confidence ratings for the courts do not vary much by political party identification. Roughlythree-quarters of Republicans (77%), Democrats (74%), and Independents (73%) have a lot or

    some confidence in the courts. In contrast, the state legislature gets higher ratings from

    Democrats than Republicans and Independents (73% vs. 64% and 62%), while the governors

    office gets higher ratings from Independents and Republicans than Democrats (68% and 67%

    vs. 61%).

    Governors Popularity Im pacts Other Branches, but Opinion of Judiciary LeastAffected

    The governor is generally the best-known political figure in the state. When a governor is

    popular, ratings for all three branches of state government tend to go up. When a governor isunpopular, the ratings slip (see Table 2). However, the impact appears to be lowest for the

    courts. Among those who approve of their governors job performance, nearly nine in 10 say

    they are confident in the executive branch (87%) and eight in 10 are confident in the courts

    (81%) and legislature (78%). But among those who disapprove of the governor, only the

    courts get a positive confidence rating from a clear majority (67% vs. 50% legislature, and

    30% governors office).

    TABLE 2: STATE GOVERNMENT CONFIDENCE RATINGS BY SUBGROUPS(PERCENT WITH A LOT OR SOME CONFIDENCE IN EACH BRANCH)

    Courts Legislature Governor

    TOTAL 74% 71% 65%

    Knowledge IndexHigh 83 65 62

    Medium 74 67 67

    Low 65 67 64

    Follow News About State

    Very closely 77 66 61

    Somewhat closely 77 70 68

    Not closely 61 60 63

    Party ID

    Republican 77 64 67

    Democrat 74 73 61

    Independent 73 62 68

    Governors Job Performance

    Approve 81 78 87

    Disapprove 67 50 30

    Direct Experience with Courts

    Jury duty/other experience 74 65 62

    No direct experience 74 68 68

    Percentages should be read across, by rows.

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    Direct experience with the courts themselves, either through jury duty or some other way, does

    not seem to have much impact on confidence in the courts or the other branches. In fact, the

    proportion of those with court experience who say they are confident in their state courts

    (74%) is identical to the proportion who have no such experience (74%).

    III. ATTITUDES TOWARD THE JUDICIAL BRANCH

    Section Overview

    The American public as a whole have opinions of their state courts that seem at odds with the

    generally positive confidence ratings they give to the judicial branch. Most people think that

    politics plays too big a role in their state courts decisions. Public attitudes toward the state

    judiciary also seem contradictory. In spite of their concerns that court decisions are too often

    colored by politics, less than half of Americans say they value a state supreme court that is

    independent and not too influenced by what others think.

    These attitudes are explained, at least in part, by the broader publics limited knowledge of

    government in general and the courts in particular. When the opinions of the most

    knowledgeable third of the adult population are isolated, the better informed show themselves

    to be suspicious about the role of politics but much more supportive of an independent court

    that will not simply follow public opinion. While information level matters, partisan orientation

    does not appear to be a significant factor in peoples impressions about their state courts ability

    to stay above politics and the value of an independent judiciary. The views of Republicans and

    Democrats are statistically indistinguishable from one another on these issues. Knowledge, not

    ideology, drives opinion.

    On one issue, a large majority of the pubic is supportive of their state courts, regardless of their

    information level. Few people would like to see the power of their states highest court limited.

    Seven in 10 (71%) say their state supreme court should continue to be the final arbiter on

    controversial issues facing the state. Giving the judiciary the power to make these kinds of

    decisions, rather than the other branches that are often more subject to political influence,

    would seem to be a basic, shared value in American society. Neither knowledge level nor

    political partisanship has much effect on public support for upholding the authority of the

    judicial branch.

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    Majority Sees Court Decisions as Tied Up in Polit ics

    When asked if they think the decisions of their

    state courts are too often mixed up in politics

    or if the courts generally put politics aside a

    clear majority (59%) of Americans say politics

    has inordinate influence, while a third (34%)

    credit their state courts with generally keeping

    politics out of their decisions.

    Looking at response to this question by

    subgroups, the high knowledge group is about as

    likely as the low knowledge group to be critical of

    the courts on political influence (55% vs. 57%).

    Those in the middle on the knowledge index are

    higher than those above and below (64%).

    Those who say they follow state news are more

    likely than those who tune it out to think politics

    is too mixed up in court decisions.

    The impression that politics has too much

    influence on the courts may well reflect a

    broader concern about the role politics plays in state government, or government in general.

    Even among those who give the state judiciary the highest confidence rating (a lot), nearly half

    say politics is too big an influence.

    No Differences by Party in Perceived Political Influence, Judge Selection a Factor

    The perception that politics gets mixed up in state court decisions more than it should is not

    associated with a particular partisan identification. Republicans are no more likely than

    Democrats and Independents to criticize their state court decisions as too political. This finding

    is somewhat surprising since in recent years Republicans and conservatives have more often

    charged the courts with being politically motivated in their decisions usually with respect to

    rulings on social issues like same sex marriage and abortion.

    Differences are found, however, by whether or not the voters elect their state supreme court

    judges. Ironically, when judges have to run for elective office, people are more likely to thinktheir decisions are above politics. Fifty-seven percent of those living in states that elect judges

    see court decisions too mixed up in politics versus 69% of those in states where judges never

    have to face the voters. And opinions of those in elective states are relatively uniform similar

    numbers of those living in partisan, non-partisan and retention states report that court decisions

    are too mixed up politics. A likely explanation for this pattern is that concern with politics and

    appointed judges stems from the direct influence politicians have in those states on deciding

    who should be a judge and who should retain their judgeship.

    TABLE 3: ROLE OF POLITICS IN COURT DECISIONSBY SUBGROUPS

    View of State Court Decisions

    Too OftenMixed Up

    In Politics

    PoliticsGenerally

    Put AsideTOTAL 59% 34%

    Knowledge Index

    High 55 39

    Medium 64 31

    Low 57 34

    Follow News About State

    Very closely 63 33

    Somewhat closely 59 33

    Not closely 51 41

    Confidence in Courts

    A lot 47 47

    Some 63 32

    Not much/None 65 28

    State Supreme Court

    Judges elected 57 36

    Judges not elected 69 26

    Party ID

    Republican 59 35

    Democrat 61 34

    Independent 57 34

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    Public at Large, Informed Group D iffer on K ey Attitudes

    Overall, less than half (42%) of the public believes that their state courts can usually be trusted

    to make decisions that are right for the state as a whole. This is a case where attitudes differ

    by information level. Among those with high scores on the knowledge index, 55% say their

    courts usually consider the general welfare in making decisions, compared with 41% in the

    medium knowledge category and 30% in the low knowledge category.

    Another way the public as a whole differs from the better informed is in their tendency to value

    an independent judiciary that is more resistant to the political environment. Forty-five percent

    of the public at large say its better for their state supreme court justices to be independent,

    while about half (51%) take the view that top judges should be lessindependent and pay more

    attention to what people think.

    When results are broken down by the knowledge

    index, sharp differences are observed. More than

    half (58%) of those in the high knowledge group

    value judiciary independence, compared with

    42% in the medium and 37% in the low

    knowledge groups. Further analysis also shows

    that those who express a high level of confidence

    in their state courts (a lot) are significantly more

    likely than those with lower levels of confidence

    to feel its important for top judges to be

    Independent.

    Support for an independent judiciary does not

    vary significantly by partisan affiliation. Similar

    numbers of Republicans (48%), Democrats

    (45%), and Independents (46%) want their top judges to be independent. When party ID and

    knowledge of state government are considered together, analysis shows that those in the high

    knowledge category regardless of party give majority support for judicial independence,

    while a majority of those less knowledgeable do not.

    TABLE 4: VALUE OF AN INDEPENDENT JUDICIARYBY SUBGROUPS

    Top Judges and Public OpinionImportant

    to beIndependent

    Should Pay MoreAttention to What

    People Think

    TOTAL 45% 51%

    Knowledge Index

    High 58 38

    Medium 42 54

    Low 37 61

    Confidence in Courts

    A lot 60 37

    Some 46 51

    Not much/None 31 65

    Party ID

    Republican 48 49Democrat 45 53

    Independent 46 50

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    7 in 10 Americans Back State Supreme Courts Authority to Decide Controversial Issues

    Despite the general publics often critical

    attitudes of the state courts, a high level

    of support is found for maintaining the

    role of the state supreme court in

    deciding controversial issues. Overall,

    seven in 10 (71%) Americans want their

    states top court to keep its power, while

    only a quarter (23%) feel its power

    should be restricted and it should not

    decide as many controversial issues as it

    does now.

    On this question, differences by knowledge of state government are not significant 77% of

    the high knowledge group feel their state supreme court should retain the power it has now,

    compared with 71% in the low knowledge group. Given conservative criticisms of activist

    judges, one might expect Republicans to be much more supportive of reining in the courts. But

    the new survey finds only 27% of Republicans saying their state supreme courts power to

    decide controversial issues should be more limited. That is only slightly higher than the

    percentage of Democrats (20%) with similar views.

    As noted above, neither knowledge level nor political partisanship has much effect on public

    support for upholding the authority of the judicial branch. It is likely that the NCSC Survey has

    identified a basic, shared value in American society for keeping these kinds of decisions out of

    the political realm as much as possible. When push comes to shove, many who say they wouldlike the courts to be less independent and pay more attention to public opinion nonetheless

    reject the idea of shifting decision-making power away from the state supreme courts and

    toward the other branches which are more subject to political influence.

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    Summarizing Attitudes Toward the State Courts: Know ledge is Key

    For the purposes of the NCSC Survey analysis, courts credibility refers to peoples attitudes on

    the way the courts make decisions. To summarize attitudes toward the state courts, the survey

    respondents were scored on a Courts

    Credibility Index comprised of four measures

    of attitudes toward the courts and their

    decision-making: 1) the impact of politics; 2)

    consideration for the general welfare; 3) the

    value of an independent judiciary; and

    4) support for the authority of the state

    supreme court to decide controversial issues.

    Respondents were classified into three groups

    based on their index score. Those in the high

    category (32% overall) mostly answered

    three or four questions positively, those in thelow category (31%) mostly answered three of

    the four questions negatively. The medium

    group (37%) had a mix of positive and

    negative answers. Table 5 provides a

    breakdown of index scores by key subgroups.

    Analysis of the Courts Credibility Index scores shows how different the high knowledge group is

    from the rest of the adult population. Almost half (45%) of the high knowledge group scored

    high on courts credibility, and less than a quarter (22%) scored low. In contrast, the medium

    and low knowledge groups include more people classified as low in their courts credibilityattitudes than are classified as high.

    Courts Credibility Index scores also show a strong relationship to level of confidence in the state

    courts, as might be expected. About half (49%) of those with a lot of confidence score high for

    credibility compared with a third (33%) of those with some confidence and just 15% of those

    who have little or no confidence in the courts. Only small differences in credibility index scores

    are observed by party and by whether state supreme court judges are elected in the

    respondents state.

    TABLE 5: COURTS CREDIBILITY ATTITUDESBY SUBGROUPS

    Courts Credibility Index Score*

    High(most pos.) Medium

    Low(most neg.)

    TOTAL 32% 37% 31%

    Knowledge Index

    High 45 33 22

    Medium 29 35 36

    Low 23 43 34

    Confidence in Courts

    A lot 49 32 19

    Some 33 36 31

    Not much/None 15 37 48

    State Supreme Court

    Judges elected 33 36 31Judges not elected 29 38 33

    Party ID

    Republican 33 33 34

    Democrat 31 37 32

    Independent 35 38 27

    * Scores based on four items measuring attitudes toward the state courts

    Percentages should be read down, in columns, for each subgroup.

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    Public At Large, Informed Group Differ on Balance of Pow er Among Branches

    The largest segment of the public

    about half (49%) does not want to

    see the balance of power between

    the judiciary and the other branches

    change. However, that leaves just

    under half who say they would like to

    see change one in four (24%) want

    elected officials in the executive and

    legislative branch to have more

    control over the judiciary than they

    do now and one in five (19%) want

    these other branches to have less

    control than they do now.

    Once again, better informed Americans opinions diverge somewhat from the views of the public

    at large. Like the broader public, those who score high on the knowledge index are most likely

    to favor no shift in the balance of power (50%), but those in the high knowledge group who

    favor change are more likely to say the two other branches should have lesspower over the

    courts, not more (27% vs. 14%).

    A Variety of Reasons for Changing the Balance of Power

    When those who want the executive and legislative branches

    to have more power over the courts are asked to explain

    their views in their own words, two reasons are cited mostoften:

    Perceived Efficiency: 19% say they think the governoror the state legislature will get more done than the

    courts.

    Fairness Issues/Favoritism: 15% say judges can bebiased, unfair, or out of touch and that to ensure

    fairness the other branches should be better able to

    rein them in.

    For those in the high knowledge group who want the other

    branches to have more control over the courts, concerns

    about bias (33%) are cited more often than the belief that

    more will get done (24%).

    Perceived Efficiency(In Respondents Words)

    Could get more laws passed

    It would be done right/better decisionswould be made

    Judges may be wrong/should not be leftup to an individual

    Fairness Issues/Favoritism(In Respondents Words)

    Judges are politically connected/ toomany favors are given

    Judges make irrational judgments on

    cases based on their personal feelings

    Judges are out of touch/they dont listento the people

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    Those who want the other branches to have less control over

    the courts most often cite the following four reasons:

    Suspected Political Bias: 19% worry about political biaswhen the governor or the state legislature exert power

    over the courts.

    Expertise: 17% say judges have the expertise tointerpret the law better than other branches

    Judicial Independence: 16% say judges should beable to act independently, without interference.

    Separation/Balance of Power: 12% cite the generalprincipal of separation of power among the three

    branches

    Those in the high knowledge group are more likely than the

    less well-informed to cite the general principal of separation

    of power (21%).

    Suspected Political Bias(In Respondents Words)

    Politics should not play a rolein law enforcement

    The judiciary should be freeof political influence

    Judges need to make ru lings basedon logic, not politics

    Expertise(In Respondents Words)

    Judges have a lot more information andpractice on their side

    Judges see more than the governordoes/they are more aware

    of what is happening

    Judges know the local area better thanthe governor and the legislature

    Judicial Independence(In Respondents Words)

    For judges to be completely fair, theyshould not have outside influence in

    making decisions

    I want state judges to have freedom tomake decisions for the public

    The judiciary should be independentand a watchdog for the civil rights

    of citizens

    Separation/Balance of Power(In Respondents Words)

    Each branch should have a clear anddefined area of power

    Promotes checks and balances

    Judges should be able to dotheir own thing

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    IV . THE LEADERSHIP ROLE OF THE JUDICIARY AND OTHERBRANCHES

    Section Overview

    The American public wants to see all three branches of state government be a big part of

    addressing their states problems each with a role to play that is important. The NCSC Survey

    results indicate that while the public generally favors their state legislators as leaders in solving

    problems related to the justice system, it does not seem to have a strong desire for one branch

    of state government to lead more than another. In the NCSC Survey, large majorities say they

    would like to see each branch play a big role in efforts to address two issues facing most

    states around the country prison overcrowding and caring for abused and neglected children.

    When asked to choose one branch, none of the branches is selected by a majority to spearhead

    efforts to deal with these problems in their state. Pluralities choose their state legislators to

    take charge of efforts to address prison overcrowding (39%) and caring for neglected and

    abused children (37%). The second choice for leadership depends on the issue, with the

    governor being preferred to handle prison overcrowding (27%) and judges being selected as

    the second choice to lead efforts regarding neglected and abused children (27%).

    The survey results show a strong public preference for branches of state government to share

    responsibility for addressing state problems. The results, however, cannot provide a definitive

    answer about the publics leaning toward the state legislators for leadership. It is reasonable to

    surmise it has to do with the fact that in all states the legislature is the branch that has the

    most representation of the public itself because its members are elected, it includes both major

    political parties, and its debates are open to the public and a matter of public record. The

    governor, in contrast, represents only one party and may be perceived as being less

    accountable to the whole electorate, making him or her less attractive as the leader in

    addressing these types of issues. The plausible explanation for why state judges are not the

    preferred leaders is altogether different in that these issues, while related to the judicial system,

    are political in nature as well. The NCSC Survey results about the credibility of the state courts

    suggest that the public does not like its judges mixed up in politics. So while Americans want

    their judges, like their legislators and governors, to play a big role in helping to tackle problems

    related to the judicial system, they do not think judges belong at the helm.

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    The Public Wants Each State Branch to Play a Big Role in Problem Solving

    As a means to determine which branch of state government the public would like to see take

    the lead on important issues facing the states, the NCSC Inter-Branch Relations Survey asked a

    short series of questions about prison overcrowding and about caring for neglected and abused

    children. Brief explanations of each problem were provided so that respondents would all have

    some accurate, shared information about the problems facing states to help them determine

    which branch would make the best leader.

    The survey reveals an American public with a strong preference for all three branches of state

    government to be a part of problem-solving in their states. When asked how much of a role

    a big role, small role or no role at all they would like to see each branch of government play

    in efforts to address prison overcrowding and caring for neglected and abused children, solid

    majorities say each branch should play a big role.

    Specifically, seven in 10 would like to see their

    state legislators play a big role in addressing

    prison overcrowding, and about two-thirds

    would like to see that level of involvement by

    the governor. A somewhat smaller majority,

    six in 10, say that state judges should play a

    big role. But given the recent controversies in

    many states about how to handle this issue,

    and its direct relationship with prison

    sentencing, it is not surprising that some people feel that judges should play a small rather than

    big role. And the involvement of judges is more desirable when it comes to dealing with theproblem of caring for neglected and abused children. Nearly seven in 10 say that state judges

    should play a big role in efforts to address this issue, practically equal to the number who says

    that state legislators should play a big role. And six in 10 say they would like to see the

    governor play a big role in efforts to address neglected and abused children.

    Legislators Are Favored Leaders on Issues Facing States

    As noted above, none of the branches of government garners the support of a majority to lead

    efforts to address the problems of prison overcrowding or caring for abused and neglected

    children. For each issue, a plurality of the public says that it would like to see state legislators

    take the lead in addressing the problem, but the ranking is different for the second and third

    choices depending on the issue.

    TABLE 6: ROLE OF THE THREE BRANCHES IN SOLVINGSTATE JUDICIAL PROBLEMS

    Percent Who Say BranchShould Play a Big Role

    Legislators Judges Governor

    In efforts to address

    Prison overcrowding 69% 59% 64%

    Caring for neglectedand abused children

    69% 67% 62%

    Percentages should be read across, by rows.

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    Four in 10 adults (39%) say they would like their

    state legislators to lead efforts to address prison

    overcrowding in their state. Nearly three in 10

    (27%) select the governor to lead these efforts,

    while about one in four (22%) select state

    judges. Fully a tenth admit they dont know

    which branch should take the lead. Similarly,

    37% of the public say their state legislators are

    their choice to spearhead efforts to address the

    problem of caring for neglected and abused

    children in their state, but for this issue state

    judges move up as the publics second choice to

    lead with 27% naming judges and 24% naming

    the governor.

    Awareness of the Issues Has Little Impact on Opinions About Leadership

    In many instances, survey analysis will show that awareness about an issue significantly

    influences opinion about that issue and the more aware, the stronger the influence. This is

    not the case, however, in the analysis of NCSC Inter-Branch Relations Survey questions about

    prison overcrowding and caring for neglected and abused children. While large majorities of

    Americans report they have seen, heard or read at least a little about these issues in their state

    (82% for each issue), only a third say they have heard a lot about prison overcrowding and a

    quarter say they have heard a lot about neglected and abused children. Yet, the views of themost aware adults and those who have little or no awareness are practically the same with

    respect to which branch of government should take the lead in addressing these problems.

    Issue awareness has an impact on opinions about the role the branches should play in efforts to

    address one of the two problem areas included in the survey caring for abused and neglected

    children. Those who have seen, heard or read a lot about this issue in their state are more

    likely than those less aware to want judges to play a big role in addressing the problem (74%

    vs. 65%). Those most aware of the situation are also more likely to want the governor to play

    a big role (66% vs. 61%). This is significant because it is a rare instance where a subgroup

    of the population ranks the three branches differently than the public as a whole does. Amongthe total public, legislators rank first in terms of the percent who think the branch should play a

    big role in addressing the problem of neglected and abused children (69% say big role). But

    legislators are displaced by judges for the top ranking of those most aware of this situation

    (74% say big role). In fact, legislators do not even rank a clear second the governor ties the

    legislators for second place (66% say each should play a big role).

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    Few Significant Factors in Determining Leadership Choices, Size of Role Branches Play

    There are no especially strong influences on opinions about leadership. Several factors proved

    to have little or no impact on which branch of state government Americans would like to see

    lead efforts to address their states problems, including socio-demographic characteristics,

    knowledge of state government and the courts, confidence in the courts, perceptions of court

    credibility, personal experiences with the courts, partisanship, and governor approval.

    Likewise, there are no consistent patterns of influence on opinions about which branches should

    play a big role in efforts to deal with the problems of prison overcrowding and caring for

    neglected and abused children.

    V. THE JUDICIARYBUDGET PROCESS AND PRIORITIES

    Section OverviewThe American public would prefer the branches of government share responsibility for deciding

    what the state courts budget should be. Fully half endorse the idea of a non-partisan

    committee of members appointed from all three branches making the final decisions about the

    state courts budget. When asked to choose a branch of government specifically, the public is

    divided about which one branch should ultimately decide the size of the state court budget. But

    it favors the state legislature for the job and is least supportive of the state supreme court

    having the final say.

    State courts across the country are facing tough budget decisions and having to be creative

    about ways to cut costs. The public indicates that some of the measures being considered are

    tolerable but belt-tightening measures that directly affect decision-making capacity are not.

    Majorities say that ceasing to hold jury trials and allowing attrition of judges are unacceptable

    ways to cut costs. People are more amenable to the ideas of raising court fees and closing the

    courthouse for one or more days a week as ways to reduce court budgets.

    Tri-Branch Committee the Preferred Group to Make Court Funding Decisions

    Americans do not seem to like their state judges, including those in the highest court, making

    the final decisions in areas related to the administration of state government. Like the survey

    results about leadership in addressing problems facing the state, the public as a whole seems to

    be sending the message that the judiciary should have a voice in decisions about funding the

    state courts but it should not lead these efforts.

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    The new NCSC Survey asked respondents which of the three branches of government should

    have the final say on what the court budget should be if there are disagreements about how

    much money the state courts need to meet their responsibilities. Four in 10 (42%) say they

    would like their state legislature to have the final say on the state court budget, and another

    three in 10 (30%) say the governor should make the ultimate decision. Notably fewer, two in

    10 (21%), say that state supreme court judges should be the final decision-makers about the

    court budget. And about a tenth (8%) are not able to make a choice for who should lead.

    A follow-up question gauged the publics

    willingness to have all three branches

    determine the court budget instead of giving

    the final say to one branch. Half say they

    would prefer that a non-partisan committee

    of members appointed from all three

    government branches make decisions about

    state court budgets, while four in 10 say they

    would prefer to give the final say to the one

    branch they selected in the previous question.

    A Show of Firm Support by Those Who Select State Supreme Court to Decide Budget

    Those who choose the state supreme court as the branch to have the final say about court

    budgets are more likely to stick with their preference when given the option instead of letting a

    committee of the three branches make the call. Specifically, less than half (45%) of those who

    prefer the state supreme court to decide the court budget say they would rather see a

    committee decide if that were an option. In comparison, when offered the committee as an

    alternative, a majority of the supporters of the legislature (51%) and the governor (55%) opt

    for the committee over their chosen branch to have the final say on the court budget.

    TABLE 7: COMMITTEE VS. BRANCH COURT BUDGET DECISIONSBY BRANCH THAT SHOULD HAVE FINAL SAY

    Percent Who Think Branch Should Have Final Say

    State Supreme Court Legislature Governor

    Give final say to

    A non-partisan committee

    of all three branches 45% 51% 55%One branch of government 46% 43% 42%

    Dont know 8% 6% 3%

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    No Factors Strongly Influence Choice of Branch or Preference for Committee

    While there are some differences among subgroups with regard to which government branch

    they are more likely to select to have the final say on the court budget, these are generally

    differences of degree and do not upset the ranking of the public as a whole. In particular, no

    groups emerge as especially likely to support the state supreme court as the arbiter of the statecourt budget, including those who express confidence in the state courts and those who have

    mostly positive attitudes towards the courts and state court judges decision-making.

    Similarly, there are groups that are more likely than others to say they prefer a non-partisan

    committee make decisions about the court budget as opposed to one branch of government,

    and vice versa. For example, 53% of the better informed public say they prefer a committee

    decide the courts budget, compared with 44% of the least knowledgeable. In contrast, just

    under half (49%) of those who have a lot of confidence in the courts say they would prefer one

    branch have the final say, compared with 39% who have only some or little confidence in the

    courts. But none of the differences across subgroups reverses the overall trend that thecommittee is the publics preferred process for vetting the state court budget.

    Preserving the Courts Decision-Mak ing Capacity is the Priority for Budget

    State governments across the United States are feeling the sting of a national economy in crisis.

    And the tough decisions that have to be made to manage state budgets are taking their toll on

    the budgets of state courts. The NCSC Survey asked respondents to consider several steps that

    might be taken in order to reduce state court budgets: 1) stop holding jury trials; raise the fees

    charged people who want to take a case to court; not replace judges who retire or die; close

    the courthouse for one or more days each week.

    Overall, the American public indicates that t