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.
Baltimore Sun OpEd: Gansler Merit Proposal
February 2, 2010
On Friday, the Baltimore Sun published an oped I wrote in response to a recent proposal by Maryland Attorney General Doug Gansler. Gansler is pushing to replace the democratic election of circuit court judges in Maryland with merit selection and retention elections.
Gansler argues his plan “offers [voters] a tool to hold the judge accountable.” But as American Courthouse readers know, such a scheme merely puts legal elites in charge of picking judges and assures a virtual lifetime appointment to the bench.
Pay No Attention To The Politics Behind The Curtain
May 29, 2008
Those who believe we should replace the democratic election of state judges with a Secret Selection committee should read The Washington Post’s “Maryland Moment” blog.
Today’s post reveals the nasty politicking that occurs behind the Secret Selection committee’s closed doors. Three members of Maryland’s Judicial Nominating Commission have resigned in protest due to heavy political pressure to appoint the son of the president of Maryland’s State Senate to a district court bench.
Even blogger Alan Greenblatt of Ballot Box, a “merit selection” supporter, had to admit:
“…this just shows, yet again, that an appointment system is no bar to politics playing a role in filling out the judiciary.”