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Court Review: Volume 42, Issue 1 - Complete Issue University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Court Review: The Journal of the American Judges Association American Judges Association May 2005 Court Review: Volume 42, Issue 1 - Complete Issue Follow this and additional works at: https://digitalcommons.unl.edu/ajacourtreview Part of the Jurisprudence Commons "Court Review: Volume 42, Issue 1 - Complete Issue " (2005). Court Review: The Journal of the American Judges Association. 37. https://digitalcommons.unl.edu/ajacourtreview/37 This Article is brought to you for free and open access by the American Judges Association at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Court Review: The Journal of the American Judges Association by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. CourtCourt ReviewReviewVolume 42, Issue 1 THE JOURNAL OF THE AMERICAN JUDGES ASSOCIATION RogerRoger WarrenWarren onon JudicialJudicial AccountabilityAccountability JudicialJudicial ResponsesResponses toto AnAn AgingAging AmericaAmerica DWIDWI Courts:Courts: TheThe NewestNewest PrProblem-Solvingoblem-Solving CourtsCourts RecentRecent CriminalCriminal DecisionsDecisions ofof thethe U.S.U.S. SupremeSupreme Court Court ReviewVolume 42, Issue 1 THE JOURNAL OF THE AMERICAN JUDGES ASSOCIATION TABLE OF CONTENTS ARTICLES 4 Judicial Accountability, Fairness, and Independence Roger K. Warren EDITOR Judge Steve Leben Johnson County, Kansas 8 Judicial Responses to an Aging America EDITORIAL BOARD Max B. Rothman and Burton D. Dunlop Judge B. Michael Dann National Institute of Justice Julie Kunce Field 22 DWI Courts: The Newest Problem-Solving Courts Fort Collins, Colorado Victor E. Flango Professor Philip P. Frickey University of California at Berkeley 26 Recent Criminal Decisions of the United States Supreme Court: Mark D. Hinderks Overland Park, Kansas The 2004-2005 Term Charles Whitebread Judge Leslie G. Johnson Mississippi Judicial College Professor Steven Lubet Northwestern University Judge Gregory E. Mize DEPARTMENTS Washington, D.C. C. Robert Showalter, M.D. 2 Editor’s Note Harrisonburg, Virginia Professor Charles H. Whitebread 3 President’s Column University of Southern California 44 The Resource Page NATIONAL CENTER FOR STATE COURTS STAFF Charles F. Campbell Managing Editor STUDENT EDITORS Angela Brouse Lori D. Daugherty William F. Hurst IV Court Review THE JOURNAL OF THE AMERICAN JUDGES ASSOCIATION Volume 42, Issue 1 Spring 2005 Court Review, the quarterly journal of the American EDITOR’S NOTE Judges Association, invites the submission of unsolicited, original articles, essays, and book reviews. Court Review e begin this issue with remarks given by Roger Warren on the seeks to provide practical, useful information to the work- need to tie preservation of judicial independence with a healthy ing judges of the United States and Canada. In each issue, we hope to provide information that will be of use to dose of judicial accountability. Warren is a former judge and the W judges in their everyday work, whether in highlighting former president of the National Center for State Courts. He argues that we new procedures or methods of trial, court, or case man- focus on the things we can control, not those we don’t. He urges us to take a agement, providing substantive information regarding an area of law likely to encountered by many judges, or by leadership role in getting our own house in order and in making sure we’re providing background information (such as psychology or accountable to the public both for our use of funds and for our fidelity to fair- other social science research) that can be used by judges ness. in their work. Guidelines for the submission of manu- scripts for Court Review are set forth on page 42. Court Roger Warren’s themes tie in with a new publication from the Justice at Review reserves the right to edit, condense, or reject mate- Stake organization mentioned in the Resource Page (page 44). This is no rial submitted for publication. coincidence: Warren was recently named the Court Review is in full text on LEXIS and is indexed in the chair of Justice at Stake’s board of directors. Current Law Index, the Legal Resource Index, and We also encourage you to go online to read LegalTrac. this new, 22-page publication (“Speak to Letters to the Editor, intended for publication, are wel- American Values: A Handbook for Winning come. Please send such letters to Court Review’s editor: the Debate for Fair and Impartial Courts”), Judge Steve Leben, 100 North Kansas Avenue, Olathe, which is summarized, with a link to the web, Kansas 66061, e-mail address: [email protected]. Comments and suggestions for the publication, not on the Resource Page. Combined with intended for publication, also are welcome. Warren’s article, this new publication serves as a roadmap for keeping our courts strong and Advertising: Court Review accepts advertising for prod- ucts and services of interest to judges. For information, for enhancing public support for them. contact Deloris Gager at (757) 259-1864. In our second article, researchers Max Rothman and Burton Dunlop explore ways in Photo credit: Mike Fairchild. The cover photo is of the old Douglas County Courthouse in Lawrence, Kansas, which the aging of the population is affecting the courts. Through surveys built in 1903. Douglas County was organized in 1855, and court site visits, they describe ways in which the courts are being made five years before Kansas became a state, and named after U.S. Senator Stephen A. Douglas of Illinois. Mike more accessible to older users. Our third article reviews the establishment Fairchild and his company, Dezinathon Graphic Design of at least 63 specialized courts handling cases involving drivers under the (913-865-3705, [email protected]), perform the influence of alcohol or drugs. Gene Flango of the National Center for State design and layout work on Court Review. Courts provides a helpful listing of these courts and their early experiences. ©2005, American Judges Association, printed in the Our final article is Professor Charles Whitebread’s annual review of the crim- United States. Court Review is published quarterly by the inal decisions of the past Term of the United States Supreme Court. His American Judges Association (AJA). AJA members receive a subscription to Court Review. Non-member sub- review of the civil decisions of the past Term will be in the next issue. scriptions are available for $35 per volume (four issues I’m pleased to announce that three law students at the University of Kansas per volume). Subscriptions are terminable at the end of and University of Missouri–Kansas City law schools have agreed to be student any volume upon notice given to the publisher. Prices are subject to change without notice. Second-class postage editors for this volume of Court Review. We are once again behind in our pub- paid at Williamsburg, Virginia, and additional mailing lication schedule, but will be able to get caught up with their help. You will offices. Address all correspondence about subscriptions, not miss any issues and, during the next 12 calendar months, will receive undeliverable copies, and change of address to Association Services, National Center for State Courts, more than the usual four. As always, if you have suggestions for authors or Williamsburg, Virginia 23185-4147. Points of view or article topics that would be good for Court Review, or if you would like to opinions expressed in Court Review are those of the speak to other judges through a letter to the editor, please contact me at authors and do not necessarily represent the positions of the National Center for State Courts or the American [email protected].—SL Judges Association. ISSN: 0011-0647. 2 Court Review President’s Column Michael Cicconetti The first 90 days of my term as president of the American Steve Leben, AJA’s president-elect, and I recently met with Judges Association have had me criss-crossing this country to National Center president Mary McQueen and members of her attend various judicial and court-related conferences. Family, staff at the National Center in Williamsburg, Virginia. What friends, and colleagues constantly pester me on my fortunes as began as a get-acquainted visit quickly turned into a valuable a frequent traveler. However, the reality of traveling is rushing brainstorming session on our need to select an issue or topic of to the airport, long and nervous waits in security lines, subject- interest to all our members. It must be a topic that our mem- ing one’s self to nonconsensual search and seizure, capacity- bers can support, without controversy and with enthusiasm, filled airplanes with cramped seats, awful microwaved ham- that will invigorate our officers, Board of Governors, Delegates, burgers, delayed flights, irritable taxi drivers, foreign-speaking and members. Steve and I are fine-tuning an idea for presenta- intern reservation clerks at the hotel, mini-bars, and “Save the tion to our Executive Committee and, with their approval, we World” notes about reusing your linens and towels. Oh yes, the will disseminate it to all our members. In addition to that topic, glamour of travel! The fun continues with the our January Executive Committee meeting dis- silent ride in the hotel elevator, or until that cussions will include sponsorships and fundrais- silence is broken by the joker who quips, “I hope ing, membership surveys, White Paper topics, this is the express car!” and then, to make the membership
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