Stop Electing Judges NOW!

[MrCoffee]

This is from the Seattle Times re: the Washington State Supreme Court races.

http://seattletimes.nwsource.com/html/localnews/2003266848_supremes20m.html

“State Supreme Court Chief Justice Gerry Alexander on Tuesday was fending off a fierce challenge from John Groen, a conservative property-rights attorney, in what was the most expensive and divisive court race in state history.
As of Tuesday, the candidates and their backers had poured more than $3.6 million into the races. More than two-thirds of that went into the race between Groen and Alexander.
The powerful building industry — which in recent years has made Supreme Court races a top priority —and other conservative groups spent more than $1.7 million promoting Groen and Johnson, and attacking Alexander.
Alexander and the other incumbents were backed by a new political action committee — Citizens to Uphold the Constitution — funded largely by labor unions, trial lawyers and tribes. The group spent nearly $500,000 by Tuesday.”

Is there really anyone out there who still thinks electing judges is a good idea?

[LeftishBrit]

1. I don't think judges should be elected

Maybe it's just because they aren't in the UK, and I'm lacking in imagination about the advantages of electing them. But I think that judges should decide matters impartially on the basis of the law, and that they should not be afraid of losing their jobs if they make an unpopular decision. I could imagine that getting very ugly, e.g. if judges felt beholden to racist voters, or a group that had a vendetta against some individual or organization. The Murdoch media could easily whip up pressures against judges who don't promote a right-wing agenda.

[slackmaster]

2. What would be a viable alternative not subject to the same problem?

If judges are appointed by elected officials, the problem would remain the same.

[MrCoffee]

3. I disagree. By appointing state judges the same way fed. judges are,

you immediately remove the special interest money that's recently (past 6 years or so) flooded into state judicial races.

In my perfect world, the governor would appoint judges for life or a set term (preferably longer than the governor's term).

[slackmaster]

6. Wouldn't the money spent on Judicial elections shift to Legislative ones?

Taking the financial incentives out of ALL elections would solve the problem.

If serving as a state legislator was a pro bono job....

Oh well, one can dream.

[gratuitous]

4. How about publicly financing judicial races?

Each candidate gets $100,000 to spend as he or she pleases, and the media have to allot free air time for candidate statements. The candidate who can run a successful campaign on that money, garner enough volunteer support, and achieve the most votes under those restrictions, wins the seat on the bench.

There are all kinds of restrictions on NASCAR racers; why do we use this logical approach to figure out who is the best driver with the best team for NASCAR, but we can't use any restrictions to get the best judicial candidates elected?

[MrCoffee]

5. Here's my problem with that approach...for what its worth

I've been involved with state judicial races, and the overwhelming support for candidates comes from the bar. In races where I personally participated, 80-90% of the "volunteer support" came from law firms that supported the candidate (usually personal injury firms where the candidate was either a PI trial lawyer or a lower court judge who favored plaintiffs). I never worked for a judge supported by defense counsel, but i know that they are, and i'd wager that their "volunteer support" comes from defense firms. I put "volunteer support" in quotes because i can name a half dozen firms in different states that paid their employees to stump for the judge.

The electorate (in my experience) is fantastically uneducated about the qualifications of state judicial candidates. While that doesn't stop them from voting for legislators, i have ideological difficulties with electing judges that way. Judges should be removed from the electoral process altogether.

[sandnsea]

7. Better they be appointed???

Our government is a system of checks and balances. Elections are the only way to exercise a check on our system if it goes to far off the beam. I can't understand why you'd favor appointments over elections. :shrug:

[MrCoffee]

10. Look at the federal bench. Appointment works extremely well.

Federal judges don't have to concern themselves with fundraising and electioneering. Impeachment is just as valid as elections for reigning in judges.

How much does the average voter know about judicial candidates for the state bench? If they recognize a name from a yard sign, they're on the right hand side of the bell curve. State judicial races are becoming the hot targets for special interest groups with an extremely vested interest in the judiciary (tort reform is coming from the bench, not the legislature). More and more, judges are being targeted for defeat by special interests (such as the folks who sponsor initiatives to have anti-gay marriage amendments inserted into state consitituions).

The judiciary is the ultimate in independent branches of government, and they should be. An appointment system would go a long way toward ensuring that state judiciaries are actually independent of special interests and the tyranny of the well-funded minority.

[sandnsea]

11. I think the federal bench sucks ass

I think if people paid more attention to the power of the judiciary and the way decisions influence our culture, we'd have a very different country. But then, I'm of the opinion that it's lawyers who keep us free and not soldiers so I'm probably out of the mainstream all the way around when it comes to the courts.

[FILAM23]

8. Electing judges is much better

then having political cronies appointed to such positions.

[Zynx]

9. Don't be so sure.

Most voters don't know anything about legal issues. They always vote for the "toughest" judge. As such, we've elected a bunch of fascists.

[sandnsea]

12. Yeah but they can be voted out too

Maybe that's OUR fault for not making this an issue. But at least we can vote the hanging judges out which we can't do when the fascists are able to appoint them for life.

[MrCoffee]

13. Appointing judges makes governor races more valuable.

It's another (and more important, by orders of magnitude) issue in gubernatorial races.