Wednesday, August 10, 2005

Judicious Activism?

According to a report by the Associated Press, the Alabama Bar Association would like to have the governor appoint judges to Alabama's appellate courts: court of criminal appeals, court of civil appeals, and the state Supreme Court.

The head of the Republican Party, Twinkle Andress Cavanaugh, has come out against the proposal:

"At a time when voters have serious concerns about the role of judges in society, we believe we ought to focus on making judges more accountable to the people they serve rather than less accountable."
The article, citing Bobby Segall, the president of the Bar Association, says that the proposal

"... has been a goal of the ABA for a number of years and is aimed at ending the costly partisan battles that have raised the perception that judges have a conflict because of the money contributed to their campaigns."
It seems Republicans can't get their positions straight. At the federal level, they want politics and ideology removed from the selection process of federal appeals judges, including Supreme Court justices. But, according to Cavanaugh, the GOP is willing to let politics and ideology rule the day by continuing the practice of popularly electing state appeals judges.

Cavanaugh is concerned that judges unfairly administer justice when appointed rather than elected, presumably due to elitism or the risk of an "out of touch" governor making the appointments.

Segall is concerned that judges unfairly administer justice when elected rather
than appointed because the electoral process makes our judges look like they are bought and paid for.

Alabamians are caught in the middle.

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