A breakdown in public education is a primary reason that a record number of Americans distrust government, said panelists on Aug. 3 during the American Bar Association Annual Meeting session, “Ensuring Trust in Our Institutions.”
Underinvestment in civics is causing a disconnect between Americans’ understanding of their role as voters and the impact of their ballot, said Skye Perryman, president of Democracy Forward, an advocacy group that advances democracy and social progress through litigation, policy and public education and regulatory engagement.
“Because of the erosion in our civic education… we’re now seeing that people can’t make sense of [their government,]” Perryman said. “When you can’t make sense of it, you start having a deep-seated distrust in the types of institutions that can help make it better—like voting or demanding more of your elected representatives.”
Distrust has also been stoked by the institutions themselves. The courts’ “intentionally” opaque procedures related to compliance with their orders and other directives discourage an understanding of their purpose and contributes to a lack of confidence in the justice system, Hannaford said.
Greater participation in civic duties boosts trust in government. People who have served on juries have more trust and higher regard for their local courts, Hannaford said. “But we have very few jury trials, which puts a lot of pressure today on how we can use this lovely mechanism that could improve our democratic institutions.” Adding to the challenge, she said, is the increase in non-response and failure-to-appear rates among potential jurors.
Panelist Kyle George said that lawyers are essential to a turnaround by strengthening democratic processes.
A former first assistant attorney general in Nevada and former general counsel to the governor, George explained that “lawyers play a critical role in keeping our system together…and it’s important that we don’t lose faith; that we don’t lose energy; that we don’t lose sight of the role we have in this.”
Among other areas of needed focus, Bill Kresse, a Chicago Board of Election commissioner and certified public accountant, suggested that training CPAs as certified election auditors, crafting a model election code and educating students better about the court system can all help to reinforce our democratic processes.
“Voter confidence is at a historic low. Democracy requires elections, and if people lose faith in elections, you’re kind of losing your democracy.”
Stephen Cobb, ABA Section of State and Local Government Democracy Fellow, moderated the program.
“Ensuring Trust in Our Institutions” was sponsored by the Section of State and Local Government Law.