Wednesday, July 11, 2007

Almost TGIF

Today was supposed to be a semi-easy day at work. It ended up being one of the most ridiculously stressful days I have had yet. Mostly this was due to a certain judge in a certain county who decided that the Ohio Rules of Civil Procedure did not apply to that county. A pack of TUMS later, the problem is solved.

I hopped in the car to come home and traffic was ridiculous even leaving at 6:30. I was definitely a giant stress ball when I got home. Since I can't afford a private masseuse, I went for a run. 5 miles later and I think I figured some stuff out.

I think it's wrong that most state and local judges are elected. Federal judges are appointed, and generally have tenures for life. Appointment ensures (to some extent) neutrality. Lifetime tenure ensures (to some extent) that judges can grow wiser as time goes on and not always follow the trends of the time. Of course, appointment means the judge is appointed by either a Republican or a Democrat. But, once on the bench, the judge is not governed by any political party. He/she can only be removed for being senile or a criminal.

On the contrary, elected judges are accountable to the people. This is in complete opposition to the whole point of having a judicial branch separate from the legislative and executive branches. Judges should be accountable to enforcing the laws created by the legislature, who is in turn accountable to the people. Judges shouldn't have to select a political party.

An election creates pressure on a judge to rule in such a way as to satisfy his/her constituents. How is a judge to remain neutral on a case when his/her party clearly would prefer a certain outcome?

I think electing judges creates a system where corruption is more prevalent than appointment. At the end of the day, all judges are human, and are thus susceptible to ruling from personal experience rather than the clear letter of the law. But, electing judges adds a whole level of pressure. And I think it's wrong.

It's wrong that during an election year a judge will rush cases through to make his/her caseload look efficient. But, on some level, they don't have a choice. Because they have to get elected.

Let the legislators be accountable to the people in creating, drafting, and making laws. But, judges should be accountable only to interpreting, enforcing, and determining the constitutionality of the law.

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