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Money And Justice

Dec 05, 2014
by Caroline Miller
Adny Kroll, Is Your Judge For Sale?, money and judicial elections
2 Comments

Arguments for and against electing court judges by popular vote continue from time to time. In my community, judgeships tend to be uncompetitive with one person running for each vacant slot.  It hardly seems worth the price of ink to put their names on the ballot and how these candidates emerge by fiat is a mystery to me.  I’ve never peered behind the veil of that selection process but I suspect the system is run more like an oligarchy than a democracy.

 That said, an article by Andy Kroll points out the growing interest in judicial races among some sectors of the population and how that interest may affect the direction the country takes.  (“Is Your Judge For Sale?” by Andy Kroll, Mother Jones, November/December 2014 pgs. 43-45.)   Apparently, those with money have figured out that to maintain power, “…it’s easier to elect seven judges than to elect 132 legislators.” (Ibid 44) 

 This new appreciation for the law accounts for the great sums of money flooding into judicial races.  One candidate, for example, received a $3million donation for his election from the CEO of a utility company.  Later that judge adjudicated a case which involved that same utility.  Instead of recuing himself, this officer of the court ruled  in favor of his campaign benefactor. 

 The contribution strategy doesn’t always work, however,  The  Koch brothers spent hundreds of thousands of dollars to unseat 3 sitting judges and failed.  Still, Kroll is right to open our eyes to this new center of politics – judicial races which constituents are likely to ignore.   As former U. S. Supreme Court Justice Sandra Day O’Connor remarked regarding the trend:

If judicial decisions are in fact not fair and impartial – or even if they are perceived as being biased – the basis of support for our courts crumbles.   

courtroom

Courtesy of www.azestateplanninglaw.com

 

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2 Comments
  1. S. L. Stoner December 9, 2014 at 7:57 am Reply
    The process I've observed for circuit court judges usually starts with an interim appointment by the governor. This makes the person an incumbent the first time they run. The person applies to the governor. Part of the application is recommendations from not only those on your side of the bar but also from your opponents as well. I saw one hopeful go through the process. She couldn't get any of her former opposing counsels to recommend her. She was smart. She didn't even ask me. The system worked, the governor didn't appoint her. Federal court, it seems much more crony and political but I'm willing to be corrected on that.
    • Caroline Miller December 9, 2014 at 9:01 am Reply
      Think you have the process right on, at least from what I gleaned by the two hopefuls I know who tried from an interim appointment. It's cronyism with a capital "C".

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Contact Caroline at

carolinemiller11@yahoo.com

Portland, Oregon author Caroline Miller had distinguished careers as an educator, union president, elected official and artist/advocate.

Her play, Woman on the Scarlet Beast, was performed at the Post5 Theatre, Portland, OR, January/February 2015

Caroline published a serialized novelette, Marie Eau-Claire, on the website, The Colored Lens.  She also published the story Gustav Pavel,  a parable about ordinary lives, choice and alternate potential, on the website Fixional.co.

Caroline has published four novels

  • Ballet Noir
  • Trompe l’Oeil
  • Gothic Spring
  • Heart Land

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