Voters faced an almost absurd situation in picking an N.C. Court of Appeals judge last November.
The judgeship had opened only in the summer, and voters had to choose from 13 little-known candidates, using an instant-runoff voting system that had never been employed statewide. Furthermore, judicial campaign rules restricted what the candidates could say about themselves and their positions.
It's time to fix the way North Carolina selects both its Superior Court and appellate-level judges and justices. Thoughtful observers of, and participants in, the judicial system have long argued for a merit judicial selection system as a way of assuring that only well qualified lawyers make it to the bench.
Sens. Fletcher Hartsell, R-Cabarrus, and Dan Clodfelter, D-Mecklenburg, have proposed Senate Bill 458, a constitutional amendment that would help provide highly respected and accomplished judicial candidates while taking into account some of the problems with previous merit selection bills.
The bill would establish a judicial nominating commission that would select two candidates for any judicial vacancy. The governor would appoint one of the two to occupy that seat until the next election, when the two candidates would face off against each other in a nonpartisan election.
Once a judge had been elected in this manner, he or she would face the voters every eight years in a retention election. Voters would decide whether to keep or fire the judge.
The proposal assures, to the extent humanly possible, that candidates for judicial posts are qualified. If the legislature structures the nominating commission properly, people who understand what makes a good judge, who have the time to thoroughly vet potential candidates and who can focus on individual candidates and their records will choose the candidates who go before the governor.
Politics will not be removed entirely. But if the commission plays politics it will have to do so only with people it can strongly recommend as qualified. Under today's system, anyone with a law degree can run for judge and, if lightning strikes, get elected.
The proposal also sets up a two-candidate election after the appointment, leaving the ultimate decision with voters, something previous merit selection bills failed to do.
Elections work for presidents, governors, legislators and school-board members. As currently designed in North Carolina, they do not work for judges.
SB 458 is a strong proposal for fixing what ails our system.
Email
Facebook
Google
Twitter
Favorites
More
Advertisement