July 17, 2008

Survey: Voters Prefer Elected, Not Appointed, Judges

Tennessee voters going to the polls next month may be surprised to find that, in addition to congressional and state legislative race primaries they are asked to vote in a handful of judicial races. Well, not really "races," but "retention elections" for a handful of appointed state Supreme Court and appellate court judges. Meanwhile, a new national survey conducted by Ayres, McHenry & Associates finds strong public support for elected rather than appointed state Supreme Court justices: 75 percent for electing the justices, 21 percent for appointing them.

Dan Pero, president of the American Justice Partnership Foundation, a state-oriented tort reform organzation, comments on the survey in light of attempts in several states to abolish voters' rights to elect their state Supreme Court judges, comments at the American Courthouse blog that the results "should serve as a wakeup call for state political leaders who are considering taking away the right of citizens to vote for state judges - a right enshrined in many state constitutions."

According to Legal Newsline, 21 states currently allow voters to elect these judges, while 24 states use a nominating commission/appointment process, the rest rely on gubernatorial or legislative appointment for state high court justices. Even though Tennessee's constitution clearly says that the judges on the state Supreme Court are to be "elected by the qualified voters" of Tennessee, Tennessee is one of the 24 states that uses a nominating commission/appointment process. A "Judicial Selection Commission" dominated by lawyers produces a list of three potential nominees for the governor to select from. After the judge has completed his term, voters get to vote on whether to retain the judge.

The survey found that a majority of respondents believe trial lawyers should be barred from donating to judicial campaigns.

Tennessee's current laywer-dominated appointment system won't be changed until 2010 at the earliest - the Judicial Selection Commission is scheduled to go out of business at the end of June 2009 unless the legislature - the one we're electing this fall - renews it. If the legislature does not renew the Judicial Selection Commission, Tennesseans will regain the right to elect their state appellate court and Supreme Court judges starting in 2010.

Judges currently in office, including the judges who get new terms after the August retention votes, would have to run in contested elections at the expiration of their next term.