Former Wisconsin Justice Louis Butler Jr. . . . . nominated by President Obama to the federal bench in Wisconsin, was asked by a GOP senator at a confirmation hearing in Washington about his defeat in two elections for the state’s high court.”

We can only imagine the very slight smile that must have formed on the corner of Butler’s lips as he made this reply:

‘After 16 years on the bench, I may be a better judge than politician,’ replied Butler, according to an article in the Milwaukee Journal Sentinel.”

Butler was defeated last year in an ugly contest with then-Judge Michael Gableman, who now faces an ethics complaint accusing him of lying in a campaign ad aired against Butler.”

Some judges would no doubt make excellent and effective politicians, and some politicians would likely make fine judges. But we think using mere “electability” as the decisive factor in how we choose our judges leaves too much to chance, and gives too much weight to factors other than a candidate’s qualifications.  For choosing our judges, being a good politician should not be more important than being fair, impartial, and wise. Judges should be chosen on merit.

Anticipating another bitter election fight and misleading advertisements based on one candidate’s past employment as a public defender, the editorial predicts a replay of the last election’s nasty campaign ads:

To her credit, Chief Justice Shirley Abrahamson has pledged not to exploit [opposing candidate Randy] Koschnick’s work as a public defender, which she called noble, according to the Associated Press this week. Koschnick is challenging Abrahamson for a 10-year term.

But shadowy special interest groups aren’t likely to follow Abrahamson’s example. Liberal groups mad about the ads that smeared Justice Louis Butler for his work as a public defender last year can now turn the tables by attacking Koschnick, a self-described conservative, for the same supposed offense.

This raises the familiar concerns about third-party spending to influence judicial elections and the increasingly negative tone of such campaigns.  These are serious problems that contribute to decreasing confidence in the impartiality and independence of the courts:

The personal attacks and gutter politics are a disgraceful way for Wisconsin to pick its top court. The quality and independence of the state’s Supreme Court is slipping along with public trust in its decisions.

Selecting justices based on merit — rather than mudslinging — is the answer.

Well put.