Litigation

Nevadans to Vote on Merit Selection of Judges

By Peter Hardin

A ballot question to change the way Nevadans select their judges is getting more attention in the run-up to November’s elections.

Retired state Supreme Court Justice Bill Maupin outlined some of the reasons to change to a merit-based system when he was interviewed on MY4News.

In a competitive election system, one day you see a judge deciding whether a defendant will live or die, he said. The next day, “You see him on the back of a hay truck, waving and throwing candy at children in a parade; that really is not the way we should select judges,” Justice Maupin said.

The retired jurist also contended that Nevadans have trouble trusting in the judicial process, and the practice of candidates for the bench raising money in elections does not improve public trust.

If voters support amending Nevada?s constitution, the state would scrap elections of Supreme Court justices and District Court judges when a vacancy occurs, and replace elections with what is widely called the Missouri Plan.

The proposal envisions a Commission on Judicial Selection making recommendations to the governor, who would in turn fill a vacancy based on candidate?s qualifications. At the next general election, the judge would face voters in an up-or-down retention election (see Gavel Grab).

Responding to critics who protest the plan would take away citizens’ right to vote, Justice Maupin said the proposal “increases the ability of the public to participate in the process.” He explained, “It gives voters more information and more quality information.”

Retired Supreme Court Justice Sandra Day O’Connor, who is honorary chairwoman of the drive for appointment and retention elections for judges in Nevada, will give opening remarks next week at a seminar entitled,  ?Selecting Nevada?s Judges: Protecting Impartiality and Ensuring Accountability,? the Las Vegas Review-Journal reported.

Full post as published by The Gavel on September 17, 2010 (boomark / email).