No “Merit” For Texas
July 2, 2010
The Texas Lawyer (subscription required) has a hand-wringer on the failure to replace democratic judicial elections with “merit” selection – where a tribunal controlled by legal elites meets in secret to decide who should sit on the bench. For 10 years, Senator/Attorney Robert Duncan – who has been designated a “Texas Super Lawyer” – has been pushing the “merit” selection rock up the hill without success. Why is Duncan so determined to abolish the constitutional right of Texans to choose their public servants on the bench? Because, in an election, a judge might actually lose his/her job! The horror!
“We ask good lawyers to go on the bench, to give up lucrative practices, and then they lose their jobs. In my view, it’s not the way it ought to be done.”
Well, no one wants anyone to lose their job. But the men and women in black robes know the rules when they leave their corner office with the expense account. And no one twists their arms to enter this dangerous and uncertain profession. Guess what? Life is not without risk. Just ask all the Texas families who have lost work in this terrible recession.
Of course lawyers who don’t want to face this risk can eschew public service and continue their “lucrative practices.” But in a democracy, the people have the ultimate say over who serves them. That includes the governor, legislators and, yes, even judges.