Alaskan Lawsuit Challenges Judicial Selection System
August 31, 2009
Before she left office, Governor Sarah Palin was presented with a Hobson’s choice (or two) for one of her appointments to the state’s Supreme Court. She is, as most people know, deeply committed to the pro-life movement, not least because one of her sons is a special needs child. Like many Alaskans, she loves her state’s beauty but also wants to see reasonable development of its natural resources rather than simply locking them up.
But the state’s judicial selection commission gave her the choice of a noted pro-choice activist or a noted pro-environment activist. And there’s no reason to think that matters will be any easier for new Governor Sean Parnell as he faces a new vacancy on the Alaska Supreme Court.
Now, three Alaskans are taking matters into their own hands and showing some Alaskan practicality and good sense by challenging the judicial selection process as giving far too much power to lawyers.
As the lead attorney for the plaintiffs said, this case is about equality under the law. “‘The key point here as far as the constitutional issue is concerned is the equal right to vote,’ he said. ‘There’s no justification for lawyers to have some privileged position in selecting members of the judiciary. For anyone wanting fair and impartial judges, the last people who should be put on a nominating commission are representatives of the bar association, he said. ”
I couldn’t agree more. But the article goes further to describe the practical impact behind systems of merit selection:
“The trial lawyers’ bread and butter depends on liberal rulings on personal injury cases,” [the plaintiffs' attorney] said. “They have a direct financial interest in who is a judge. And if they are able to elect their fellow trial lawyers to the commission, they’ve got a really privileged position and ability to line their own pockets.”
Plain speaking, Alaska-style. We need more of that in the Lower 48.
It’s ironic that it takes a lawsuit to change the appointment of judges who will themselves have to rule on the lawsuit. But that’s just another problem that arises when the system is merit selection, rather than judicial election.