Sunday, August 24, 2008
Editorial: Virginia's judiciary isn't independent
Judges are beholden to lawmakers for getting and keeping their jobs. That system is broken and should be fixed.
From the RoundTable blog
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Virginia's judicial selection process is headache-inducing enough when one party controls the General Assembly. When power is split between the chambers, as it is now, the system is downright dysfunctional.
Exhibit No. 1: House Majority Leader Morgan Griffith is complaining that Gov. Tim Kaine didn't consult enough with House Republicans on recent judicial appointments.
"While I certainly received calls, it is my opinion that the governor has made his selection without meaningful input from the Republican caucus in the House of Delegates," Griffith said.
Never mind that most of those appointments were made by the governor because House Republicans and the Democrats who control the Senate couldn't agree on nominees. When the General Assembly fails to nominate judges, the responsibility falls either to the governor or circuit judges, depending on the vacancy.
Even in the best of times, Virginia's system is problematic. Having lawmakers choose judges -- and, even worse, giving lawmakers the power to reappoint them when their terms expire -- muddies the separation of powers, diluting the system of checks and balances.
Reform is needed. Virginia should look to other states that use nonpartisan merit selection and/or retention elections to try to remove as much politics as possible from judicial selection.
Only four other states leave judicial appointments or retention to the legislative branch.
Most states either elect judges in nonpartisan elections or choose judges through merit selection, using a nonpartisan nominating committee.
Electing judges, even in nonpartisan elections, is problematic because it forces judges to engage in fundraising and campaigning, either of which can raise questions about a judge's impartiality.
But setting up an effective system for merit appointment, free of political influence, is not exactly an easy task.
No system is perfect, but few are as imperfect as Virginia's.
To be effective, the judicial branch must be independent and as insulated as possible from partisan political concerns. In Virginia, neither is the case.
Convincing the General Assembly to give up its judicial selection authority would be a battle. But Virginia must find a better way to pick its judges.
