Mar 26 2014
Arkansas Circuit Judge Mike Maggio recently stepped out of the 2014 race for a seat on the Arkansas Court of Appeals, after it was revealed that he was behind an online pseudonym linked to racist, homophobic, and sexist comments. However, despite the moral turpitude Judge Maggio demonstrated in committing these acts, it is what he did while still in the judicial race that lands him prime real estate on our blog today.
When Judge Maggio was running for reelection, he received at least $10,000 in contributions that were linked to a corporate chain of nursing homes owned by Michael Morton. Just a few days later, Judge Maggio issued a ruling that lowered a damages award against Morton’s company from $5.2 million to $1 million. No wonder the public thinks justice is for sale.
Even if the legal reasoning was sound, there were no errors, and Judge Maggio’s actions were otherwise beyond reproach, his ruling came literally days after receiving the campaign contribution. Regardless of the reality, it certainly “appears” as if Morton was able to spend $10,000 in return for a ruling that saved him over $4 million. Often, this appearance of impropriety is nearly as damaging to the public’s confidence in the courts as actual impropriety. Judicial
decision-making should not appear to be a business transaction.
Here in Pennsylvania, we too select our judges through expensive, partisan judicial elections. So the same scenario that just occurred in Arkansas could easily arise in Pennsylvania. But why should we let it come to that? If we got rid of judicial elections and selected our judges based on merit, we wouldn’t have to worry about the spectre of campaign contributions influencing judicial decisions. Elections including those for judicial office, are won and lost based solely on the financial wherewithal of the campaign. Merit selection takes money out of the equation and replaces it with an in-depth review of the qualifications and experience of the prospective judge.Tags: judicial elections, Merit Selection