Litigation

Judicial Independence Threatened in OK Legislature?

By Peter Hardin

In 2006, South Dakota voters solidly defeated the “J.A.I.L. 4 Judges” initiative to let a special grand grand jury indict judges for controversial decisions.

Now several legislators in Oklahoma have come up with their own measure that’s a bold slap at judicial independence, according to a commentary in the Tulsa World.

A resolution calls on the legislature to ask the state Court on the Judiciary to launch proceedings that could remove three state judges. Their supposed offense, associate editor Julie Delcour writes, was making controversial rulings that drew community outrage.

The rulings came well within the range of the powers of each judge, Delcour argues, and she condemns the resolution as having a potential chilling effect:

“The measure is a calculated shot over the bow of judicial independence ? a Pandora’s box that if opened will send this message from the Legislature to every member of the state court bench: ‘Make an unpopular decision and we’ll make trouble.’”

Unless a judge exceeds his legal powers, a ruling should not become a cause for removal at the legislature’s request, Delcour concludes. This approach does not adhere to the separation of powers, Delcour asserts in quoting Thad Balkman, executive director of the Oklahoma Lawyers Association.  He said, “This is an attempt to achieve what can more appropriately be accomplished through other means.”

Full post as published by The Gavel on April 12, 2010 (boomark / email).