May
2008
Who Judges the Judges?
Today The New York Times takes a front-page look at the Butler-Gableman election fiasco, using it to highlight the contrast between the U.S.'s elected judges and the selection systems used by other countries. Comments to the article are already closed, but most of the 40 that have been posted are worth reading.
The hazards of judges' campaigns being funded by interest groups and of the politicization of decisions as an election approaches are obvious. I'm also concerned about the problem of low information in judicial elections, where even in a high-profile contest voters may make their decision based simply on whether a candidate is labeled "liberal" or "conservative," which can be a simplistic and misleading way to sum up a judge's record.
Of course, appointive systems present their own problems, some of which are laid out articulately in the article's comments.
Some local conservatives have alleged that the advocates of ending judicial elections are expressing sour grapes over Butler's defeat, or, more perniciously, that we are elitists who don't trust "the people" to make sound decisions. But democracy, like capitalism, only functions smoothly and well when all parties are fully informed. That's why most of us are at a disadvantage when we take our cars to the shop, or ourselves to the doctor: we are not expert enough to evaluate the recommendation, and it comes down to trusting the mechanic or physician.
Similarly, most people — and before you cry "elitist," I include myself — simply don't have the knowledge to evaluate and compare prospective judges' records and qualifications. As voters, we end up trusting TV commercials or local pundits, who may have their own agendas.
It may be that in choosing judges, as in choosing other government officials, democracy is the worst system except for all the others. But I'd like to see a serious, non-partisan consideration of whether Wisconsin's judges should be appointed, and if so, what system might strike the best balance between expertise and accountability.
I would also like a magical sparkle pony.
Janice M. Eisen
Leave a comment