Mar 02 2010
Wise Words on Merit from the Hawkeye State
A Des Moines editorial expressed profound relief that a piece of legislation aimed to change the way judges are selected for the state Supreme Court—from their current method of merit selection—was ultimately tabled:
The proposed legislation came in response to Iowa’s recent Supreme Court decision legalizing gay marriage. Some in opposition to the ruling sought to rid the court of those justices they disagreed with by putting themselves in a position to elect new ones.
The ultimate goal is to prevent the Iowa Supreme Court from issuing rulings in cases. . . that might be unpopular with certain groups. That would, of course, be the end of an independent judiciary as envisioned in the Constitution, converting the courts into another political branch.
We rely on judges to apply the law as written and interpret newly arising legal questions based on both that law and the facts. Judges must be free to make difficult decisions, protected from the “changing winds of popular sentiment.”
This is not to say that the public has no recourse if it disagrees with an opinion. The law relied upon by the judge may be changed. Come November there will be a ballot question allowing Iowans to vote on a convention to amend the state constitution. The political process provides the proper avenue for pursuing such changes; but the courts must remain impartial interpreters of the law as it stands.
The editorial states that Iowans would ultimately regret a change to their current system of merit selection:
Just ask those states where judicial elections can cost hundreds of millions of dollars, involve attack ads on television and put judicial “candidates” in the position of having to promise certain rulings in exchange for financial and/or electoral support.
States like Pennsylvania, which are all too familiar with the hefty price tags that accompany judicial elections ($4.6 raised in the 2009 Supreme Court race) and the fear that a campaign contributor may later appear before the elected judges in court and thus receive a favorable ruling.
Iowa did away with judicial elections in 1962. It’s high time Pennsylvania follow suit. Legislation is currently pending in the PA House and Senate to switch to merit selection of judges on the appellate level. The importance of this legislation cannot be overstated.
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