One of the key things judges at every level of service can do to build trust in the judiciary is to be very good in giving explanations.

Understandable explanations are bedrock to procedural fairness – and essential in an era where trust in the judiciary is not what it should be.  Linda Greenhouse has a short commentary about the opening week of this term of the United States Supreme Court. She writes, in part,

I keep thinking of Chief Justice John Marshall’s famous declaration in Marbury v. Madison 211 years ago that launched the Supreme Court on its project of judicial review:  “It is emphatically the province and duty of the judicial department to say what the law is.” O.K., at this point, I would settle for something less ambitious. I’d be grateful if the Supreme Court would say something.

The full commentary cany be found here.