Appoint or elect? No easy answer for judicial seats

Our View

Appoint or elect? No easy answer for judicial seats

When lawmakers first started studying possible alternatives to Arkansas’ current system of judicial elections we made clear there is no perfect solution.

Right now, the argument for change comes from complainers saying the current process of selecting judges for all state positions by non-partisan popular election opens itself up to too much money from unknown sources, particularly from out-of-state contributors has flawed the system.

Rep. Marshall Wright, D-Forrest City, said he believes something needs to be done to lessen the influence of money in judicial elections.

To do away with the process takes away the vote of the people and creates an entirely new set of problems, such as allowing partisan politics to enter into the selection.

For instance, currently Republicans control the House, the Senate and the governor’s slot, which means that any candidate currently seeking a high court position would be a GOP appointee.

Let us explain the situation by saying Arkansas is one of 22 states that select judges by popular election, and one of 16 with non-partisan judicial elections.

Six states use a partisan election system, four are filled by gubernatorial appointment, and 22 states use a process of merit selection that varies from state to state. One idea that has been suggested in Arkansas is to use merit selection to fill an initial term, with subsequent terms to be decided through a straight up-ordown vote of the people, known as a retention election.

The problem we see in this favored merit system is that usually, and in most cases, when a someone gets into a political position it is seldom they are removed unless they do something illegal or something really wrong.

Career politicians know this, so let’s not let them say otherwise. In fact, Rep. Matthew Shepherd, R-El Dorado, chairman of the House Judiciary committee, has already sponsored legislation previously to change the way Arkansas chooses judges.

And, there is no doubt that as this committee moves forward with its recommendation we’ll see how these politicians figure out a clever way to have a hand in who gets selected to serve on the state’s highest court.

The reason we say this is because these politicians are already committed to sticking their noses into this process and even Rep. Wright has publicly come out and said, “There not going to be a perfect system, but there’s got to be a better way than how we do it now.”

He also said that there is no excuse for inaction, which means there will be a point the influence of the Arkansas voters will be diminished, and you can bet on it.

One way or another, these guys we have in Little Rock are going to have things their way, and that is just one of the many reasons there is such a growing resentment toward the political establishment as evident in what we are seeing going on with this presidential battle. Even as we’ve made clear, there is no perfect answer to this situation but we would certainly like to see tougher political campaign contribution laws put into play before making any changes to the selection process.

BIBLE VERSE

But sanctify the Lord God in your hearts: and be ready always to give an answer to every man that asketh you a reason of the hope that is in you with meekness and fear. Having a good conscience; that, whereas they speak evil of you, as of evildoers, they may be ashamed that falsely accuse your good conversation in Christ. For it is better, if the will of God be so, that ye suffer for well doing, than for evil doing.

Peter 3:15-17

1