Miss. Chief Justice Jim Smith held a press conference yesterday about elected v. appointed judges. Smith, who is up for re-election this year, wants Mississippi to revive a panel from 1993, study the current system, and then have attorneys and businesses nominate and appoint appellate judges.
While there are still too many issues to decide whether we need to reform the current system, there are two immediate problems here.
1. Judges could still be enticed to submit favorable verdicts with the reward being appointments.
2. Businesses have no business being in the courtroom as the judge.
Why is it okay that if you have a whole lot of money, you are suddenly qualified to assess a attorney's abilities and knowledge in regard to law?
Answer: When big business financed your campaign! Smith's campaign finance report from 2000 is filled with contributions from businesses and business PAC's. And when the U.S. Chamber has vowed to launch independent expenditure campaigns wherever they are needed this year- up to $60M- it is no wonder business has such an influence on who our judges are.
Chief Justice Smith's suggestion is a good framework and I hope it will get some serious consideration. Electing appellate judges is absurd, and we're quickly headed for a Michigan-esque Supreme Court within a generation if we don't do something about the increasingly political judicial system. The framework that Smith suggested resembles Nebraska's system, which is a good one. Again, there may be legitimate disputes over details, but overall it's a good idea.
ReplyDeleteAnything that could remove some of the money and influence is worth a look.
ReplyDeleteI'm not familiar with the proposal so it could be good or bad or indifferent.
ReplyDeleteGubernatorial appointments are AT LEAST as political as individual judicial campaigns, and Justice Smith is well aware. I thought his press conference was a little strange b/c the current brouhaha involves judges from lower courts. One alledgedly "bribed " by the promise of an APPOINTED position.
ReplyDeleteMississippians like to vote. I almost think a 2-term limit on lower court judges might be a good idea.
There definitely needs to be some reform, and it has to be much bigger than campaign finance reform or creating a panel. One of the main issues I have in this plan is that big business will get to be a part of it, but everyone else, who now has the chance to vote, will not.
ReplyDeleteI agree that it's unlikely that voters will allow their ability to vote on some judges to be taken away from them.
ReplyDeleteI think we should consider all the ways to reform including public financing.