Comments on: Politicians or Professionals http://www.judgesonmerit.org/2008/04/30/politicians-or-professionals/#utm_source=feed&utm_medium=feed&utm_campaign=feed Making the move to merit selection for all appellate judges in Pennsylvania Wed, 01 Feb 2012 15:29:00 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Robin Hood http://www.judgesonmerit.org/2008/04/30/politicians-or-professionals/comment-page-1/#comment-80 Robin Hood Thu, 01 May 2008 17:25:58 +0000 http://judgesonmerit.org/?p=94#comment-80 Imagine a judicial system where a judge can decide a case in which she is a defendant, even though there are nineteen other judges available and authorized by statute to hear the case.[1] Now, imagine a system of judicial discipline that takes place entirely behind closed doors, where citizen complaints are routinely quashed with impunity.[2] And imagine a judicial nominating system that takes place in a smoke-filled room, wherein a select cabal of potentates decides who will become your next unelected and unaccountable super-legislator.[3] This is the current state of affairs in the "merit" selection state of Colorado. Personally, I'd prefer Gerry Spence's suggestion that judges should be drafted at random from a pre-qualified stable of candidates to serve for fixed terms. Better to have an honest amateur or an accountable politician than the corrupt "professionals" we must suffer under the euphemistically-named "merit" selection system. The Scots have an old saying: "Be careful what you wish for. You just may get it." ----------------------------------------------- [1]Smith v. Mullarkey, 121 P.3d 890, 891 & n. 1 (Colo. 2005) (per curiam). Under Colorado law, where a justice is precluded by law from hearing a case due to a conflict of interest, a judge of the state court of appeals can be called in as a substitute. Colo. Rev. Stat. ' 13-4-101. However, for a law to have any meaning, judges actually have to follow it. [2] Colorado's Commission on Judicial Discipline, KnowYourCOurts.com, http://www.knowyourcourts.com/JDC/JDC.htm. [3] In Colorado, all attorneys serving on the judicial merit selection system are chosen by majority vote of the state Attorney General, the Chief Justice, and the governor; all citizen members are chosen by the governor. Colo. Const. art. VI, ' 24. See generally, Colorado Judicial Branch, Judicial Nominating Commissions: Colorado Merit Selection System, http://www.courts.state.co.us/supct/committees/supctnomincomm.htm. Imagine a judicial system where a judge can decide a case in which she is a defendant, even though there are nineteen other judges available and authorized by statute to hear the case.[1] Now, imagine a system of judicial discipline that takes place entirely behind closed doors, where citizen complaints are routinely quashed with impunity.[2] And imagine a judicial nominating system that takes place in a smoke-filled room, wherein a select cabal of potentates decides who will become your next unelected and unaccountable super-legislator.[3] This is the current state of affairs in the “merit” selection state of Colorado.

Personally, I’d prefer Gerry Spence’s suggestion that judges should be drafted at random from a pre-qualified stable of candidates to serve for fixed terms. Better to have an honest amateur or an accountable politician than the corrupt “professionals” we must suffer under the euphemistically-named “merit” selection system.

The Scots have an old saying: “Be careful what you wish for. You just may get it.”

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[1]Smith v. Mullarkey, 121 P.3d 890, 891 & n. 1 (Colo. 2005) (per curiam). Under Colorado law, where a justice is precluded by law from hearing a case due to a conflict of interest, a judge of the state court of appeals can be called in as a substitute. Colo. Rev. Stat. ‘ 13-4-101. However, for a law to have any meaning, judges actually have to follow it.

[2] Colorado’s Commission on Judicial Discipline, KnowYourCOurts.com, http://www.knowyourcourts.com/JDC/JDC.htm.

[3] In Colorado, all attorneys serving on the judicial merit selection system are chosen by majority vote of the state Attorney General, the Chief Justice, and the governor; all citizen members are chosen by the governor. Colo. Const. art. VI, ‘ 24. See generally, Colorado Judicial Branch, Judicial Nominating Commissions: Colorado Merit Selection System, http://www.courts.state.co.us/supct/committees/supctnomincomm.htm.

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