Opinion: Editorial

Scrap the system

Lo and behold, after another high court race marked by an ignoble tenor echoing last year’s contest, we would again like to call for reform of the current selection system for Wisconsin Supreme Court justices.

Of course, we are not alone in desiring change. Newspapers across the state — most aggressively the Wisconsin State Journal — have been calling for reform for some time now. Most of these publications have the right intentions, but too few of them have the right solution.

While the State Journal, for example, has been calling for a merit system that relies on the objectivity of an appointed committee, we would instead like to see a system mirroring the selection and confirmation process for the federal bench. As a hallmark of the system of checks and balances, the governor should be free to nominate an individual he or she views as worthy, and the Legislature should be free to accept or deny that nomination.

It is paramount that the foremost protectors of state law are beholden only to the law, not the political whims of the moment. This is a fundamental principle of the American judicial branch. In light of the latest in a series of misguided Supreme Court races, we urge the state Legislature to consider reform to the selection procedure that would mirror the federal process. 

Have a thought? We welcome your input, but please be polite and stay on topic wherever possible. Your comment may be deleted if it is inappropriately off topic or promotional or if it is unnecessarily rude or contains personal attacks. We may delete comments for other reasons as well. Just keep it simple and focus on your points as respectfully as possible.

We allow and encourage comments employing satire, wit and irony to make points. Do not flag comments just because you disagree. Flagged comments will be immunized from further flagging unless they stray far from the guidelines and do not add to the discussion. Before flagging a comment you think is offensive, consider your time might be better spent rebutting it than censoring it.

blog comments powered by Disqus

5 older comments

user-pic

Put selection in the hands of hacks from the elite political class, said hacks chosen based on the political whims of the moment.

Whatever you do, remember that the proles can not be trusted to vote for the “right” candidate.

user-pic

What? This editorial board is nuts. Yeah, the Federal Supreme Court nomination process works SO well… just ask Harriet Meyers.

I would rather keep the supreme court justices as elected officials, and I wouldn’t mind if the federal judges followed Wisconsin’s lead.

user-pic

Some states have merit selection, followed by a retention election after several years. This combines the best of both electing and appointing judges.

user-pic

Its certainly an issue that has merit on both sides, but as so far all the comments are pro-election I will throw my hat to the other side.

Judges during election cycles have startling conviction rates and sentences, and the pressures on them to raise campaign funds often puts them in murky places. NY TIMES had an interesting article on this.

http://www.nytimes.com/2006/10/01/us/01judges.html?pagewanted=1&_r=2&th&emc=th

user-pic

I’d agree on the condition governor’s had term limits.

Donate