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Virtual Engagement Session: A Conversation with the UN Special Rapporteur on the Independence of Judges and Lawyers
Background
The rule of law is a crucial foundation for a vibrant civil society, enabling people to rely on the legal system to ensure their rights and understand and participate in civic life.
Because the judiciary is a key institution for protecting and advancing the rule of law, judicial systems and individual judges often become targets for corrupt actors and regimes striving to concentrate power and assert their will. These actors rely on a varied arsenal of tactics that erode public trust in institutions and governance while restricting the effectiveness of the judicial system and ability of citizens to access justice.
For over a decade, the Vance Center has made judicial independence a focal point of our work across the Americas. We’ve helped equip justice operators with tools to push back against corruption and attacks on their independence and protect themselves and their colleagues from related threats.
We work with independent associations of judges to pursue preventative and responsive measures to address threats to judicial independence and connect national, regional, and international members of the legal, justice, and civil society sectors working in this space to strengthen accountability and transparency initiatives, improve mechanisms for seeking solutions, and develop support networks to address current and future challenges.
Through these efforts, we’ve had the privilege of working regularly with the office of the UN Special Rapporteur on the Independence of Judges and Lawyers through multiple mandates.
We were honored to have the current UN Special Rapporteur, Margaret Satterthwaite, join us to share more about her current priorities and emerging trends in her work.
Our Speakers
- Professor Margaret Satterthwaite, United Nations Special Rapporteur on the Independence of Judges and Lawyers
- Jaime Chávez Alor, Associate Executive Director, Vance Center
- Todd Crider, Partner, Simpson Thacher & Bartlett, and Member of the Vance Center Committee Executive Sub-Committee
Key Takeaways
Gaps in public perception: There is a general lack of public understanding about why judicial independence is essential and how a judge’s ability to act impartially protects everyone’s rights. This gap is often exploited by populist leaders, who portray judges as self-interested elites. Additionally, transparency is lacking regarding the methods, rules, and regulations designed to address judicial corruption. This needs to change so people can trust that proper checks and balances are in place. However, efforts to increase transparency and accountability must not come at the expense of sitting judges’ independence – something we are currently seeing in Mexico.
Undue influence of economic actors in judicial systems: The UN Special Rapporteur investigated the topic of economic influence on the judiciary in her October 2024 report, “Justice is Not for Sale.” The report draws attention to organized efforts – both illicit and licit – by economic actors to influence and, in extreme cases, capture judicial institutions. One example comes from Guatemala, where economic actors have engaged in clear, documented actions to directly influence the appointment process for the High Court judiciary.
Meanwhile, in the U.S., large financial donations play an unfortunate and often unintentional role in judicial elections, especially at the state level. Establishing and enforcing regulations can help prevent such undue influence, as corrupt actors often exploit gaps in existing rules or orchestrate strategies to circumvent them.
The role of SLAPPs: The report also examines the urgent issue of Strategic Lawsuits Against Public Participation (SLAPPs), which often aim to intimidate or silence independent voices in civil society, especially those pushing back against corruption. In her report, UNSR Satterthwaite urges members of the judiciary and the legal profession to discourage the abusive weaponization of SLAPPs in legal systems around the world.
While there is more public awareness of the harm caused by SLAPPs, judges and lawyers still have only limited guidance on how they can ensure they do not contribute to their misuse. Judges who have successfully addressed SLAPPs at the earliest stages could offer more public insight, highlighting their approaches as best practices. At the same time, the private bar should consider whether ethical rules could allow lawyers to decline representation of clients seeking to bring SLAPPs, reinforcing the legal profession’s role in upholding justice.
Ensuring and protecting an independent judiciary is often a slow process because it requires defending the rule of law through slow-moving legal systems. However, collaboration among key actors, including lawyers, the bar, citizens, and the judiciary, is essential to safeguarding and strengthening judicial independence. Poland offers a powerful example of a federal judiciary and private bar that openly discusses lessons learned while facing threats to judicial independence under authoritarian influences—and how they have worked to restore it.
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About Our Work
Corruption is a significant threat to the rule of law and human rights worldwide. The Vance Center emphasizes the responsibility of the legal community to prevent, address, and redress corruption as a core element of our mission.
Our Institutional Integrity program works closely with civil society organizations promoting openness, transparency, and accountability. Through this program, we lead efforts to strengthen anti-corruption mechanisms, including improving legislation, public policy and enforcement, and building the capacity of the legal community.
Learn more about our anti-corruption and judicial independence work
Your support for the Vance Center will help us continue expanding our vital work to advance judicial independence and integrity efforts across the Americas. We will keep strengthening the capacity of judges’ associations; secure accountability in cases of judges who have faced attacks; advocate for judicial independence at the regional and international levels; and mobilize our global network of lawyers to uphold their role as justice actors.