Litigation

Minnesotans Push for Retention Election System

By Nancy Palencia

In an effort to fight special interest spending on judicial elections, the legislature of Minnesota is considering a constitutional amendment that would change the retention process of judges.

Under the amendment, which would have be submitted to voters, all judges would face periodic retention elections. Only the incumbent judges would be on the ballot and voters would decide whether to grant another term. Currently, judges can be challenged by other candidates, which can lead to costly elections. But in Minnesota, most draw no opposition and are automatically reelected. About 90 percent of judges also are initially appointed to courts, after other judges retire during their terms.

This constitutional amendment is intended to reduce high election spending and the appearance of political influence, as was seen in the Supreme Court case of Caperton v. Massey. In that case, a West Virginia judge was ordered not to participate in a case involving a coal executive who spent $3 million to help elect him.

In addition to changing the retention process, the amendment includes provisions to improve the performance of judges. Judges would undergo evaluations conducted ?by an independent commission,? according to the Morrison County Record.  The commission’s finding would be made public before the retention elections. 

The paper states that the proposed constitutional amendment has received praise from a variety of people including district judges. ?Judge Susan Miles of Scandia, president of the Minnesota District Judges Association, said that while the state?s judges had long preferred the current system, they have become increasingly worried that the independence and impartiality of the judicial system is being threatened.?

For more information about Caperton v. Massey, go to Justice at Stake. For more information about the proposed amendment, visit Minnesotans for Impartial Courts.

Full post as published by The Gavel on January 15, 2010 (boomark / email).