Why not just have governors appoint judges? (Signifying Nothing: how does saying nothing at all become so loud?)

Wednesday, 29 December 2004

Why not just have governors appoint judges?

I’ve never understood the fascination with electing judges. I’m a political junkie and I usually leave the ballot space for judges blank simply because I don’t know enough about them to make an informed decision. More reason to have governors appoint judges ($):

Nine out of ten American judges stand for election. The theory is admirably democratic: if the people who make laws are elected, why shouldn’t those who interpret them be too? But that theory is increasingly coming into conflict with the idea that judges should be impartial.
Until recently, judicial candidates were usually prevented from saying much, on the basis that it could later raise questions about the courts’ independence. Conservatives have long fumed that such curbs have let “activist judges” hide their views on subjects such as abortion; the restrictions, they add, infringe free speech. In 2002 the Supreme Court agreed: in Republican Party of Minnesota v White, it struck down Minnesota’s “announce clause” prohibiting judicial candidates from airing their views on disputed issues.

3 comments:

Any views expressed in these comments are solely those of their authors; they do not reflect the views of the authors of Signifying Nothing, unless attributed to one of us.

1. Chris Lawrence wrote @ Wed, 29 Dec 2004, 4:43 pm CST:

I’m not a huge fan of electing judges, but I’m not sure appointment (with or without retention elections) is any better.

I do tend to think that some sort of direct electoral check is desirable, at least at the state level, particularly since the courts have increasingly been a preferred public policy avenue for organized interests on all sides.

2. Barbara Skolaut wrote @ Wed, 29 Dec 2004, 8:21 pm CST:

In Virginia, the Legislature appoints the judges. They do come up for periodic review, though I don’t know the time period.

To remove a judge, the Legislature can simply not reappoint, or can refuse to reappoint after a hearing – which happened a few years ago to a judge who was DEFINITELY off the wall. It was a nine-days’ wonder during the General Assembly Session that year – quite entertaining. And she really did need to be chucked.

3. Robert Prather wrote @ Thu, 30 Dec 2004, 11:54 pm CST:

Chris,

This is your bailiwick, but speaking as a voter I rarely, if ever, know enough to cast an informed vote on judges. I’ll continue to leave the ballot blank for them and leave it up to those that know enough, or think they know enough, to decide who should be a judge.

Barbara,

It sounds like Virginia has a pretty good system in place. Anything that gets it off the backs of voters sounds good to me.

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