By Paul Constance

But from the perspective of two of the most influential legal officials in the United States, Latin America has already made some impressive advances.

Janet Reno, the U.S. attorney general, and the Hon. Stephen Breyer, justice of the U.S. Supreme Court, reflected on the region's judicial reform programs at the conclusion of a recent workshop at the Bank's Washington, D.C., headquarters.

"Based on the conferences I have attended throughout the Americas, I can tell you that the progress that is being made in this area is outstanding," Reno told participants. She said she has been struck by the "tremendous and enthusiastic commitment to making fundamental, sometimes controversial, changes in legal structures in order to improve the performance, efficiency and basic fairness of judicial systems.

Justice Breyer, who was recently in Panamá to meet with his counterparts from 13 of the region's countries at a meeting of the Organization of Supreme Courts of the Americas, added that the U.S. faces challenges similar to those of Latin American countries when it comes to ensuring that judicial systems are effective.

"This is a problem we all really face," said Breyer. "Systems of law that are clear on paper may confer rights that are valid only on paper unless those rights are enforceable in courts that are fair and efficient and are staffed by well-trained and unbiased judges."

Breyer called judicial independence the most difficult challenge facing justice in the Americas. "By independence I mean that both the general public and the branches of government not only let judges make decisions, but then respect the decisions and cooperate in their implementation."

Breyer said Latin American jurists at the Panamá conference had given him a vivid sense of the problems they face in trying to create that kind of independence.

"Those problems include the threat of physical violence. We've heard that in one nation, more than 300 judges have been killed. They include problems of corruption and of societal and governmental indifference that leads to inadequate resources, inadequate training to the point were the system becomes seriously demoralized from having to struggle continuously."

In the United States, Breyer said, the history of judicial reform shows that "a strong system requires independence, training and resources." He said successful reform efforts require the support of lawyers, businesspeople and others "who understand that it is important for the economy that there be an independent judiciary, and who can explain to the public why this odd institutional thing is capable of making their lives better."

Breyer, Reno and IDB President Enrique V. Iglesias, who also spoke at the meeting, praised an Argentine government proposal to create an inter-American judicial education center for exchanging ideas and experiences (see Viewpoint). "It seems to me that these kinds of educational links represent an important way through which our legal systems can learn from and strengthen each other," Breyer said.