A better way to choose judges
I do like a bill John Blust supports that would create a new system for seating North Carolina appellate judges.
The bill, introduced by Rep. Johnathan Rhyne, R-Lincoln, calls for a process of appointment and retention election.
A nonpartisan Judicial Nomination Commission would recommend three to five candidates for each N.C. Supreme Court and Court of Appeals seat, and the governor would appoint from that list.
Within a couple of years, the judge would stand for a retention election, giving voters the chance to keep him or her for a full, eight-year term or say, "Thanks for serving, goodbye."
This promises to get the politics out, make sure qualified candidates are seated and still give voters a say.
It's an idea worth pushing.
Comments (3)
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Doug:
I have always believed that having judges campaign for office is unseemly, especially when they, by and large, limit what they say wehn campaigning because an issue might be one that they have to rule on from the bench and don't want to prejudge the issue.
Moreover, folks who vote for judges usually don't know very much about the judge (other than lawyers who practice before a judge, few others know about the judge's temperment, ability, etc.) The average voter ends up voting for the judge with the best name recognition, which is why we seem to have family dynasties on some of our courts. (I mean no disrespect to these judges, some do a great job. My point is that they have an advantage when running for office) At least if we told folks if the candidate was a "D" or and "R" this would be some information on which one could base one's vote.
Despite all the blustering about taking the politics out of judicial appointments, we haven't. Here is what generally happens: A sitting judge who is getting ready to retire, retires before his term is up so that the governor, who is also a Democrat, can appoint a Democrat to the open seat. That way there is never an open seat when election time comes. Generally speaking, the incumbant has a large advantage and is elected to a full term - thereby ensuring that a Democrat wins the "nonpartisan" election. This is hardly the arrangement that I think most people envisioned when they were told it was a non-partisan election.
Additionally, we have seen so-called non-partisan groups campaign for candidates to our appellate courts. These are generally Dem-backed groups that support of list of candidates who just so happen to also be Dems (if you check their voter registration). Again, not what was advertised.
Don't get me wrong, for all these defects, NC and Guilford County has some very good judges. I was before a first-class judge last week in a nearby county. But I think we can do better.
I practiced law in Virginia before moving back to North Carolina. In Virginia, the legislature appoints judges for a term of years. There is a vetting process before they are appointed and my experience was that the quality of judges, especially in the larger jurisdictions like Fairfax County, was very good.
Posted on March 7, 2009 9:19 AM
The non-profit organization Court Watch of NC , and UNCG have teamed up to evaluate North Carolina judges in most counties in the state.
Some of their most recent evaluations are available at courtwatchnc.org
Posted on March 7, 2009 1:55 PM
A nonpartisan Judicial Nomination Commission would recommend three to five candidates for each N.C. Supreme Court and Court of Appeals seat, and the governor would appoint from that list.* Doug
lol......hear you go again about keeping politics out of judical races by appointment.......What makes you think a good ole boy inside club judical committee will select the " Right" person for the Governor to appoint? The legal establishment has been shown it cannot be trusted anymore and will continue to shove their club members down your thoat without democracy or letting the people chose.
For the correct way read this amazing little book about corruption in State-wide judical campaigns!
http://bluenc.com/the-truth-about-state-wide-judical-campaigns%3F
Posted on March 7, 2009 6:22 PM