Sep 14 2009

“Restoring Public Trust in Impartial Justice”

Published by at 9:11 am under Judges,Merit Selection,Opinion

An editorial in the Wisconsin State Journal urges that Merit Selection is the solution to the increasingly expensive and divisive judicial elections the state has been experiencing.  Although Wisconsin currently uses a system of nonpartisan elections, the editorial notes that well-financed third parties have become heavily involved in state judicial elections and that recent First Amendment challenges may pave the way for judicial elections to become partisan contests.  The editorial identifies this as a dire move:

That raises the question: Will the state get the best impartial justice possible or the most partial justice that well-financed campaign contributors can buy?

Introducing partisan elections to the judicial branch endangers judicial independence within the government system of checks and balances. Electing judges by majority vote in partisan ballots flies in the face of the judicial branch’s responsibilities to be independent of partisan influences and to check the power of the majority from trampling on the constitutional rights of the minority.

How would you like to appear in court before a judge elected with the support of interests who oppose your case?

This is a question we have been asking in Pennsylvania, where we elect all our judges in partisan elections.  The Wisconsin State Journal agrees with us on the solution: “Adopting merit selection is the best way for Wisconsin to restore public trust in impartial justice.”

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