Time to Change Judicial Selection?

November 9, 2012 at 11:23 am
Jeanne Milliken Bonds says:

I have always been a staunch supporter of election of judges by the people. In partisan elections, the concern was the politicizing of a judicial seat. We have public financing and judicial standards to guard against judges fundraising from those who may appear before them. We have always had a strong judiciary in this state. Strong in the sense of ethics and dignity.

The Governor does fill vacancies and many a judge starts that way.

This last election featured a stupid ad for a Supreme Court Justice. One that was so undignified that it really lowered public perception of the office. Then, enter SuperPacs with nasty ads. The latter goes against rhe concept of public financing. So ... Now we have supermajorities in the House and Senate, thanks to SuperPacs driving the races for part time legislators to $1 million and redistricting. I am sure the GOP can be convinced NOW to appoint judges since they control all three branches of government in NC.

I have changed my mind. I would rather see judges appointed than watch good people and jurists like Sam Ervin attacked in the name of winning and politics. This last election lowered the bar for the NC Supreme Court.

November 9, 2012 at 4:06 pm
Bill Morris says:

It never ceases to amaze me that as soon as the person you support loses an election, then the system is obviously broken and needs to be repaired. I am not exactly sure how appointing a judge to a fixed term will make the judge more accountable to the citizens of North Carolina rather than the appointing authority.

When newspapers stop endorsing judicial candidates and injecting partisan labels into campaigns, then maybe "undignified" ads will not be necessary.

November 9, 2012 at 6:31 pm
Jeanne Milliken Bonds says:

Well Bill, Let me tell you how I change my mind. I worked at the Courts and the public perception of the Courts is very low. The amount of money spent by SuperPacs with anonymous donors in a Supreme Court race should alarm you and everyone else. How will you know who supported the victor? How will you know if the Judge responds approrpiately in the future on the bench and is accountable to you, the public at large or the anonymous funders? We put public financing in place to avoid this and now the SCOTUS opinion has allowed people to skirt around it. So, it's easy for me to change my mind. Sam Ervin is a good person woth a good reputation. And a nasty ad by anonymous donors clouds him and he did not have millions to respond. So, if we are going to skirt the non-partisan label and skirt public financing we may as well appoint them. See how easy that is. And it has to do with the poor taste and nasty tactics which I hope I never see because there is no way people will respect the role of a judge with such disrespectful and nasty ads playing. If there is such desperation for someone to have a job that a nasty ad is cut at the last minute, appoint him to it and spare us all. This seat was critical for a Court advantage on future redistricting suits. Plain and simple.

November 9, 2012 at 11:53 pm
Debra McHenry says:

Bill, you totally missed the point. It isn't about who won, but how they won. A judge's job is to ensure justice. Jeanne points out quite correctly that if a million dollars was spent from a PAC to ensure an outcome, how can the citizenry believe there will be justice. This race has set the tone and judicial races from here on will be extremely politicized. Politics has no place when it comes to the justice system. I have to wonder whether your able to separate the politics from the issue.

November 11, 2012 at 12:18 am
Todd Thacker says:

I would hope that this consideration is given to our district courts. There were over 150 District Court Judicial Seats on the ballots of North Carolina this term. It troubles me that those seats are not considered in this discussion. They often handle hundreds of cases a day and have a far greater impact on the lives of our citizens. The voters' lack of knowledge in these races is well documented, but we continue to allow this faulty selection process. Experienced and competent judges are replaced because they don't have a voter-friendly name.

A process where voters chose to retain or remove judges makes too much sense not to implement. If a judge routinely makes poor decisions or they are incompetent, voters will remove them.

My main point is don't focus just on the higher courts. The lower courts are just as important.

November 11, 2012 at 8:38 am
Robert White says:

This is all rather fascinating that as far back as I can remember, I'm 38 years old, there was no controversy over judicial appointments/elections or redistricting in this state. Of course one has to remember that NC was nothing more than a parking lot for left wing politics & Democrats going back to reconstruction post civil war. This would include those Jim Crow laws, segregation, poll taxes, forced bussing, separate water fountains/restrooms etc. Oh & my personal favorite; forced sterilization. From all the research I have done it appears that judges from mostly Democrat governors approved of these measures.

Yeah I can clearly see where Democrats have some moral high ground over the issue of judicial elections & the use of Super Pac money. Let's reconvene this discussion in say 10 years or so, when any Republican initiatives have had the time to take effect and cause such irreparable harm to the state. Much like Walter Dalton tried to make out like he was just an innocent bystander during the Easley/Perdue administrations, Democrats & their supporters need to accept the reality of NC's changed political map for our internal politics. Or feel free to show me & everybody else all of the outrage you had for decades when you had total control & got the state into this mess.

November 11, 2012 at 9:18 am
Jeanne Milliken Bonds says:

Todd,

I changed my mind about all levels of the Court. Appoint them all. The striking issue this election occurred with the Supreme Court as far as money but a COA judge who has served well was not reelected. The SuperPac money did not drift to Superior Court and District Court yet. But it will Money was used at the Supreme Court level to keep a Republican in, take a majority on the Court so as to preserve redistricting by the NCGA Republicans.

The number of votes for judges always drops off dramatically. Appoint them and let them stand for retention every x number of years with no campaigning and no advertising. If Judicial Standards does its job, no judge will stand for retention who is unfit.

November 11, 2012 at 3:44 pm
Jeanne Milliken Bonds says:

Sorry Robert. You are incorrect. When I was at the Courts, there was a Future of the Courts Commission. This Commission was chaired by the late John Medlin, who had previously been the CEO of Wachovia. I suggest you read this report from the mid 1990s. It called for vast and sweeping reforms to the Courts. One being appointment of Judges, Clerks of Court, etc. I am sorry you were sleeping during all those discussions, votes at the General Assembly but they did occurr. We also changed from partisan to non partisan races. Wake Robert! These issues have been around a long time and are coming back.

November 11, 2012 at 9:51 pm
Todd Thacker says:

Robert's points solidifies the argument that a change in the selection of our judiciary is needed. When an astute observer of North Carolina politics has no recollection of any public discussion or legislative proposals of this issue, how can the casual voter make an informed decision?

November 12, 2012 at 6:12 pm
Robert White says:

Oh so now I'm an uninformed voter? Sorry Jeanne that is a non starter. You see I grew up in and around Durham, Chapel Hill, and Hillsborough. From the age of about 10 - 11 onward my mother, a highly partisan and politically active Democrat backer and fundraiser made sure her children were very informed of public policy at the state level.

Tell me this Jeanne; Was I sleeping when I was watching Charlie Gaddy, Greg Fishel and Larry Stogner on TV every evening? Or maybe I was uninformed when reading the Raleigh News & Observer or the Durham Herald-Sun with the subscriptions we received daily. Yeah those opinion pieces that Orage Quarles would occasionally write that were exceptionally favorable to Democrats I must have slept through also. It's also possible I didn't pay attention all those times I sat with my mom and sister in the balcony at the Legislature on Jones St watching live sessions. I also notice you didn't even touch on those other issues I posted about Democrat laws going back to Reconstruction. Even the average elementary school child should know of that history. But of course, that's asking for a more non partisan education that isn't favorable to the left; a discussion for another day and another column. So to say I was sleeping through this history is frankly an attempt to deflect criticism I'm afraid.

Now you can blame my lack of knowledge, which is far from proven here, on the lack of communication with the public from the Legislature and the Courts. That practice is still very much alive and well today. Or perhaps you can pass the blame onto the media for not widely reporting the stories about the need to change judicial elections and redistricting. That is quite true also in terms of the media not informing the public. Or maybe, since you claim to have been directly involved in this process, you can point me to where you had public advocacy on this issue?

You mentioned a 'study' or 'paper' written about this issue in the 90's. Care to share with the rest of us? Maybe you can also show where it was heavily promoted and the pressing needs of judicial elections being reformed was front and center in the media. Perhaps you can show where former Governors Jim Hunt, Mike Easley, and soon to be Bev Perdue were in favor of reforming judicial elections or redistricting. Maybe some stories about Jim Black or Joe Mavretic in favor of those measures too? How about Walter Dalton? He's been part of the Raleigh establishment political scene for some time. I don't remember his advocacy on this issue. And I have lived in his home county of Rutherford for 10 years now! Roy Cooper? Should I go on? I'd be quite satisfied if you can show me anywhere Democrats were all in favor of judicial election reform & redistricting reform prior to 2010 when they were in shock republicans had won the Legislature.

But let's not pretend someone asking a legitimate question is somehow uninformed or was sleeping through the process. That's beneath this debate and cheapens the need for answers.

November 12, 2012 at 8:19 pm
Joseph Johnson says:

What good is a retention election when the Governor just reappoints the losing judge. If I'm not mistaken, this year's losing Appeals Court judge, who you say "has served well," was previously voted out of office only to be reappointed by his patron. The only outcry for reform is coming from those with vested interests...not from the public.

November 13, 2012 at 3:53 pm
Jeanne Milliken Bonds says:

Joseph, depending on how a retention election works, they could not be reappointed.

Robert...you said you never heard about this issue. I am telling you...the issue has been around. Sorry you missed it but just because you missed it, doesn't mean it didn't happen. The report about the future of the courts recommended family courts. We did that. Lack of communication? This was reported...on the news you watch and in the paper. Sorry but the Courts are sooo underfunded we couldn't send everyone a copy. I was very much involved with all of the above, including working for the Chief Justice who gave the State of the Judiciary about the report which was on tv, radio and in the paper.

I will post the report and associated media coverage that you missed

Jeanne

November 13, 2012 at 4:00 pm
Jeanne Milliken Bonds says:

http://www.nccourts.org/News/Documents/stjud97.htm

State of the Judiciary.

http://www.nccourts.org/News/Documents/98stbar.html

Asking NC Spin to post the other PDF documents

I will be back with the media links

November 13, 2012 at 6:12 pm
Jeanne Milliken Bonds says:

Former Chief Justice Rhoda Billings, a Republican, co chaired the Futures Commission for the Courts

http://www.highbeam.com/doc/1G1-73153959.html

A summary of legislative action

North Carolina

1974

A merit selection bill passed two readings on the house floor before failing on the third reading.

1977

A merit selection bill failed on the house floor. The measure was endorsed by the chief justice and the North Carolina Bar Association.

1989

The senate passed a bill calling for merit selection of appellate judges. The measure was supported by the state bar and many appellate judges but encountered opposition from trial lawyers and minority attorneys.

1991

The senate approved a bill calling for merit selection of appellate judges with general assembly confirmation. The bill never made it out of committee in the house.

1995

The senate approved a bill calling for gubernatorial appointment of appellate judges, legislative confirmation, and retention elections. The measure fell short of the three-fifths threshold in the house, despite visible support from the governor and the state's appellate judges.

1999

The senate approved a bill calling for merit selection and retention of appellate judges, but the measure was defeated in the house. The proposal was supported by North Carolina Citizens for Business and Industry but opposed by the North Carolina Academy of Trial Lawyers.

The general assembly has considered bills to alter the method of selecting judges in almost every legislative session since 1971. Proposed reforms have included merit selection, gubernatorial appointment, and nonpartisan elections.

http://www.nccppr.org/drupal/system/files/protected/insight_article/pdf/Leg._Considers_Courts_Panels_Recommendations.pdf

http://www.aoc.state.nc.us/www/public/aoc/pr/dec5.html

http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/nclr76&div=60&id=&page=

http://ncinfo.iog.unc.edu/pubs/electronicversions/pdfs/pmb03.pdf

http://www.judicialselection.com/judicial_selection/reform_efforts/failed_reform_efforts.cfm?state=

November 13, 2012 at 6:34 pm
Jeanne Milliken Bonds says:

http://www.news-record.com/content/2009/10/23/article/pro_con_debate_over_reforming_judge_election_system_continues

http://www.ctklawyers.com/wp-content/uploads/LAT5.pdf.pdf. Many of the newspaper articles are cited in this report.

Gov Jim Hunt called for appointment of judges and the Supreme Court with Democrats and Republicans called for it.

November 13, 2012 at 7:02 pm
Jeanne Milliken Bonds says:

Here's the report

http://www.sog.unc.edu/sites/www.sog.unc.edu/files/WithoutFavorDenialOrDelayAll.pdf

Pg 90 begins the citations for the MANY statewide public hearings held