Q: The state where I live elects all its judges by popular vote, and their campaigns accept large donations from corporate and labor interests that often end up having business before the same judges. Some of the judges don’t even recuse themselves. What do you think about this?
It’s unethical for judges to hear cases in which they have a conflict of interest, and accepting campaign contributions from parties in a case certainly meets that test. (Besides, such tainted decisions are likely to be overturned on appeal.)
There are people who argue that electing judges from a general pool of people who want to run is pure democracy. This argument is especially used to argue against the lifetime appointment of federal judges, who serve without any public opportunity to review their performance except for invoking the rarely used power to remove them by impeachment.
Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
But I think that popular election of judges is a bad idea, and it opens up the judicial branch to the same partisan and commercial pressures that the legislative and executive branches of government already experience.
It is far better for the chief executive (governor, mayor or county executive) to nominate judges from a list of lawyers vetted for their professional qualifications and judicial temperament. More than two-thirds of states have some sort of merit selection system, and Sandra Day O’Connor, the retired Supreme Court associate justice, advocates that the remaining states adopt one, too.
In her ideal system (modeled after that of her home state, Arizona), prospective judges apply to a nonpartisan nominating commission on which non-lawyers predominate. Candidate applications and credentials may be viewed by the public online, all commission hearings are open, and public comment is invited.
The commission produces a short list of qualified candidates, and the governor selects from that list to fill vacancies. Rather than being lifetime appointees, judges are subject every few years to a performance evaluation and a public vote on whether to reappoint them or turn them out. It’s impossible to take politics out of the process completely, but this sounds to me like a good system.
-
First-time Homebuyers Are Older Than Ever, Survey RevealsFirst-time homebuyers are now in their late 30s and jostle with cash-rich buyers in the race to buy a home, new research from the National Association of Realtors has found.
-
What's Hurting Retirees' Confidence?Retirees aren't feeling that confident about their financial health.
-
AI Regulation is Looming: Kiplinger Economic ForecastsEconomic Forecasts Find out what Washington and regulators have planned for artificial intelligence.
-
The Biden Tax Plan: How the Build Back Better Act Could Affect Your Tax BillPolitics Depending on your income, the Build Back Better Act recently passed by the House could boost or cut your future tax bills.
-
Kiplinger's 2020 Election ForecastPolitics For nearly a century, The Kiplinger Letter has forecasted the outcome of presidential elections to keep readers informed of what's coming and what it means for them. Here's our call for 2020.
-
The 2020 Election and Your MoneyPolitics We’ve assessed how the presidential candidates’ stances on financial issues will affect your wallet.
-
5 HEROES Act Provisions with a Good Chance of Becoming LawPolitics The massive federal stimulus bill just passed by the House of Representatives is "dead on arrival" in the Senate. But a few proposals in the bill have enough bipartisan support to eventually become law.
-
Vote by Mail: A State-by-State Guide to Absentee Ballot VotingPolitics With health authorities recommending people continue to social distance, the idea of voting by mail is becoming an increasingly hot topic.
-
9 Ways COVID-19 Will Change the 2020 ElectionsPolitics The 2020 election will be like no other in history, as the COVID-19 pandemic will upend the business of politics as usual.
-
How to Run for Local OfficePolitics If you’ve ever thought that you could do a better job than the elected officials currently in office, here’s how to launch a campaign—and win.
