Two Washington Judges Stand Up For Democratic Judicial Elections
October 14, 2009
These days, when so many legal elites are actively campaigning to abolish judicial elections and insulate judges from their bosses (i.e. the public), it’s refreshing when two eminent members of the bar stand up for the rights of voters. In a recent Seattle Times op-ed, Judge Deborah Fleck of the King County Superior Court and Washington Supreme Court Chief Justice Gerry Alexander laud the state’s system of judicial elections, noting that Washington voters have enjoyed the “constitutional right to elect their judges since statehood in 1889.”
Judge Fleck and Chief Justice Alexander bore straight to the heart of “merit” selection’s deepest flaws:
“Rather than informed voters electing judges, both the selection of the [merit] commission members and behind-the-scenes contacts with them create opportunities for special interest groups to have substantial influence over who the judges ultimately are.”
Both judges understand clearly why the public role in judicial selection must be preserved and make a strong case for contested elections:
“Judges have tremendous power over people’s lives, liberty and property. We must make tough decisions that sometimes run counter to public opinion. With our current election system, if a judge is challenged because of an unpopular decision, at least the public has candidates to choose from. Under the other system [merit selection], judges may hesitate to make correct but unpopular decisions, knowing they may be judged on that decision alone in a retention election, rather than on their qualifications.”
Judge Fleck and Chief Justice Alexander flirt with a couple bad ideas, while stopping short of explicitly endorsing them (like public financing of judicial campaigns). But on the whole, they express a healthy skepticism of “a less-transparent commission system that restricts voter choice” and strong support for an election system they believe fosters an fair, independent judiciary:
“Washington’s election system provides the people with capable judges who tend to have a degree of humility that balances their broad powers, in part because they are accountable to the voters.”
Amen.