Rolling the “Merit” Selection Rock up the Hill in Maryland
March 5, 2010
Voters in Maryland have twice blocked attempts to disenfranchise themselves when it comes to selecting judges. They have twice voted down proposals to end democratic judicial elections and adopt a “merit” selection system. But the “merit” selection crowd is pushing the rock up the hill once again – this time with the help of Attorney General (and future, would-be governor) Doug Gansler and former U.S. Supreme Court Justice Sandra Day O’Connor. (The Baltimore Sun has an excellent write up here and you can also read an op-ed of mine the Sun was kind enough to print here. )
“The independence of the judiciary is something we all ought to care about,” Justice O’Connor told a legislative panel in Annapolis, MD. It’s tempting to pass by this bromide with a thoughtful nod of the head, but there’s actually an interesting point here.
Everyone says they want judges to be “independent” – but independent from what? In my view, voters want judges who are independent from the influences of special interests – they want judges who will reach fair and impartial decisions. It’s up to voters in democratic elections to evaluate whether a judge has met this standard. “Merit” selection, however, delivers an entirely different kind of independence – namely judges who are “independent” from (and totally unaccountable to) the people they serve.
Baltimore attorney William H. “Billy” Murphy nailed this point, telling the Sun reporter that under “merit” selection voters…
“…have no idea what is going on behind closed doors. With the electoral system, you will know. If you don’t like it, and it stinks, you can do something.”
When America’s Founders wrote our Constitution, one of the primary goals was to protect the people from the government. “Merit” selection proponents want to turn that principle on its head by protecting the government (our public servants on the bench) from the people.
Posted by Dan Pero in the categories: Judicial Elections, Maryland, O'Connor Judicial Selection Initiative
One Response to “Rolling the “Merit” Selection Rock up the Hill in Maryland”
[...] Doug Gansler, call your office. In a blow to the Maryland AG, the state’s legislative black caucus has blocked Gansler’s proposal to scrap democratic judicial elections of circuit court judges in favor of so-called “merit selection.” (Read my previous post on the proposal here.) [...]