Litigation

Attacks Mounting on Merit Selection

By Peter Hardin

Attacks on merit-based selection of judges are drawing opposition in some states and advancing in others.

In Florida, state Bar Association President Mayanne Downs appears prepared, at least judging from an e-mail she wrote, to fight against at least some of the judicial reform agenda proposed by Republican House Speaker Dean Cannon, according to a Sunshine State News article.

The proposals include requiring Senate confirmation of gubernatorial picks and eliminating Judicial Nominating Commissions at the appellate level; increasing from 50 percent to 60 percent the approval vote required for a judge to be retained; and taking the state Bar out of the Judicial Nominating Commission process.

In Arizona, the State Senate approved a measure that would remove the State Bar from nominating members of the screening commissions that send recommendations to the governor for judgeships, an Associated Press article reported. If the entire legislature goes along, voters would consider the measure in 2012.

The Florida Bar’s Downs advised members in an e-mail:

“These are challenging times. I cannot promise that the results of this session will be everything we want, or that final legislation will be noncontroversial. I can promise, though, that your Bar leadership team is fully and completely engaged, and is passionately fighting for the very best outcomes we can obtain.”

While Florida bar leaders are concerned about proposals that could “politicize” the courts, Speaker Cannon wants to curb Bar influence and hold judges accountable.

In Arizona, Republican state Sen. Ron Gould said his measure is intended to break up the clique of insiders who have a strong say in picking judges. “Why should they decide who will judge me?” Gould said.

“Having the Bar involved in the process allows for the legal practitioners who appear in the courts to review the folks appointed to the committee,” said John Phelps, executive director of the Arizona State Bar.

Full post as published by The Gavel on March 22, 2011 (boomark / email).