Administrative Law

Senator?s Call for Common-Sense ? At First Amusing, But Quite Important

By Eric L. Lipman

Who says that you can?t legislate common sense? Senator Don Betzold (DFL-Fridley) knows otherwise.

In a bill (that will be among the introductions of Senate Files tomorrow) Senate File 3206, Senator Betzold proposes to modify the list of qualities that the Commission on Judicial Selection will search for when interviewing candidates to fill judicial vacancies. The Senator proposes to include a would-be judge?s ?common-sense? among the Commission?s selection criteria. Senator Betzold would also add to the criteria the would-be judge?s ?ability and to promote public confidence in the judiciary, ? ?communication skills? and ability to add to the diversity of the state court bench.

And while I am having a little good-natured fun in this post as to the call for "common-sense," all kidding aside, the bill is a very important contribution to the current debate on judicial selection. Let me tell you why.

Among the bill?s other features is a proposal to establish an independent commission, comprised of appointees that are selected by the Governor, the leaders of the House of Representatives, the leaders of the Senate, the Justices of the Supreme Court, and the Minnesota State Bar Association. This combination of commissioners would nominate a list of candidates for judicial appointment, from which the Governor would be obliged to choose when filling a vacancy on the state courts. Additionally, and ?as nearly as practicable,? these commissioners would also evaluate the performance of judges who are now serving at a point midway through those judges? terms of office. The Commission proceedings would be subject to the Open Meeting Law and its members would select their own leaders.

The bill represents a serious and very thoughtful plan. It is provides for a selection team that is far more representative than the one envisioned by the Minority Report of the Quie Commission, and yet it also avoids the fundraising perils that necessarily follow from Governor Quie?s retention election plan.

A copy of the complete bill is accessible here.

Senator Betzold really has this common-sense thing down?.

Full post as published by Within the Scope on February 27, 2008 (boomark / email).