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Monday, August 20, 2012

Voters Are Too Fucking Stupid (Or, More Generously, Too Busy with Other Shit) to Elect Judges

Posted by on Mon, Aug 20, 2012 at 11:04 AM

We just saw the influence of prejudice and lack of information in a race for the Washington State Supreme Court, in which the unqualified Bruce Danielson won 29 of the state's 39 counties over the highly qualified Justice Steve Gonzalez. And Gonzalez did win but only after outspending him $300,000 to nuthin'. In other states, the problem is big money. The NYT's ed board today:

In six states where spending has been especially heavy — Alabama, Illinois, Michigan, Ohio, Pennsylvania and Texas — the harm to justice is well documented. A new report by the Center for American Progress has shown that in those states, impartiality appears diminished. It noted, “The high courts that have seen the most campaign spending are much more likely to rule in favor of big businesses and against individuals who have been injured, scammed, or subjected to discrimination.”

The center found that in 403 cases between 2000 and 2010, the courts in those states ruled in favor of corporations 71 percent of the time, notably more often than the odds would predict.

Let's not be daft. Anyone who says that appointing judges will cleanse state judiciaries of underqualified candidates or partisanship is fucking with you—no system can do that.

But at least it would pressure governors to choose a justice, based on merit, who's not unqualified, allow legislatures to vet the candidate, provide the media a chance to lambaste a governor who makes a sloppy appointment, and remove direct financial influence on elections that most poeple are too stupid or busy to understand.

 

Comments (9) RSS

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1
I like the appointment-confirmation-ratification system. Governors appoint, legislators confirm, and the the voters have the chance to ratify in the next general election and then again every 4 or 6 years.

You up the chances of getting quality but still have a means to get rid of justices that either never should have been on the bench or who decline as the years go by.
Posted by giffy on August 20, 2012 at 11:13 AM
gloomy gus 2
As always, all we have to do is amend the state constitution. We mope about this, we mope about car tabs income having to be spent on roads only, but do we move a muscle aside from on the internet? Nope.
Posted by gloomy gus on August 20, 2012 at 11:16 AM
Dominic Holden 3
@1) like that.

@2) Speak for yourself, anonymous internet commenter. Lots of folks hustle--in the media, in their communities, in the legislature, on ballot measure campaigns--to actually get things done. And lo, public discussion promoted by reporting and advocacy is usually the starting ground.
Posted by Dominic Holden on August 20, 2012 at 11:23 AM
gloomy gus 4
I'm not anonymous, I'm pseudonymous. And if you think chastising us (all of us, not you) isn't part of public discussion, you're in the wrong thread.
Posted by gloomy gus on August 20, 2012 at 11:27 AM
5
Not to say that race bias wasn't a part of people voting against Gonzalez, but the results of that race were not off from the historic results of similar races: http://olywa.blogspot.com/2012/08/histor…

These would be literally unfunded vs. well-funded candidates for state Supreme Court.
Posted by emmettoconnell http://olywa.blogspot.com on August 20, 2012 at 11:31 AM
Will in Seattle 6
Did you see the KCTS special on this?

Looks like not printing primary ballots reduces Red turnout statewide while we Blue counties pay for our own primary voters guides.

Now the Red welfare counties want the Blue counties to pay for theirs too.

... what ever happened to Personal Irresponsibility, Red Welfare Queens?
Posted by Will in Seattle http://www.facebook.com/WillSeattle on August 20, 2012 at 12:31 PM
7
@1, @3:

The key to that system is that the "ratification" (don't you mean retention?) vote is simply the question of whether to retain the judge ... not a battle between candidates about whom the voters know nothing whatsoever.

In most cases, of course, the judge will be retained in that election. But not always.
Posted by N in Seattle http://peacetreefarm.org on August 20, 2012 at 2:23 PM
8
Or we could have public funding of judicial election campaigns.

Then we could still pick the people that we want to define justice for us, instead of having them picked for us from some high-end, insular, out-of-touch, unattainably advanced, technocratic elite pool.

Some of our best US Supreme court justices were never judges before serving. Earl Warren and Louis Brandeis, for starters. So you can take your cabalistic, arbitrary, elitist "qualified" business and shove it.
Posted by K on August 20, 2012 at 3:42 PM
9
The Stranger's dream of "prefers NAMBLA party" isn't going to appear next to any candidates' profiles in the voter's guide in the near future.
Posted by Stranger'sWorstNightmare on August 20, 2012 at 7:49 PM

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