OK, I lied, here are a couple of last-minute election admonitions. VOTE TO RETAIN ALL JUDGES Some of them may be too liberal for you, some too conservative for me. But judicial independence requires that judges not be punished with removal just because they made rulings we disagree with - if those rulings are still legally legitimate. For example, there is a movement to remove the California Supreme Court Judges who voted against allowing Prop 49 in the ballot. Prop 49 would have asked whether the US Congress should pass an amendment nullifying Citizens United, and the CA Legislature should ratify such amendment. The CA Supreme Court ordered to take it off the ballot, until they have a full hearing on the matter, because they thought it was likely that the proposition would not meet the constitutional requirements for one given that its advisory rather than legislative in nature. Whether you agree or disagree with that decision, the point is that it was a legitimate one. There is a big question of law here, and judges often take it maddeningly slowly when the questions are very important. Removing a judge over that decision is crazy. Judicial review exists exactly because sometimes legislative bodies - and voters - get it wrong. If we do away with judges who tell us we were wrong, we might as well do away with judicial review altogether. I dont think judges should be elected in the first place, but I certainly dont think they should be removed unless they are corrupt, incompetent or guilty of misconduct. Now, that can happen and there is an example in San Jose of a judge that is so incompetent that she doesnt even know when shes being unethical (hint: asking a lawyer with a case before you for a political contribution is not cool, neither is asking a criminal defendant for his phone number to go out in a date). She doesnt know the law, she cant understand pleadings, she is such a disaster that she got challenged by both a prosecutor and a defense attorney. That judge, Diane Ritchi,e needs to go, but she is the exception that proves the rule.
Posted on: Tue, 04 Nov 2014 17:40:50 +0000
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