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Litigation

: The Gavel

?Las Vegas Strip,? AL Judicial Elections Compared

By Peter Hardin

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In the legal, academic and political circles that are concerned with judicial selection, you rarely run into comparisons to the Las Vegas strip.

But an editorial in the Anniston (Ala.) Star draws on that image as it raises questions about the state Supreme Court. The editorial begins:

“Alabama?s Supreme Court races resemble a figurative walk down the Las Vegas strip: All lights, all flash ? and all about money.”

The editorial laments Alabama’s ranking once again, for 2010, in the forefront of states with the most expensive judicial elections nationwide (see Gavel Grab), based on data compiled by Justice at Stake.

The editorial goes on to focus on the court itself, and to suggest that with only one Democrat on the nine-seat bench, it could easily be better balanced:

“This is where money and politics creates a mighty problem for the Alabama Supreme Court. The combination of the state?s deep conservatism, abundant Republican voters and influential special interests have, in part, created a Supreme Court that?s anything but politically balanced. Additionally, a court listing heavily to one side often discourages special interests from spending on candidates on the other side, as Justice at Stake Campaign spokesman Charlie Hall rightly told the Associated Press earlier this week.”

The editorial concludes with support for a merit-based judicial selection system, and displeasure with Alabama’s distinction:

“Alabama would be better served by a Supreme Court that used some form of appointment/retention system in which judges are placed on the bench for their merits, not their party affiliations, and then retained by voters if their performance is worthy.

“Unfortunately, Alabama is stuck with a system in which its Supreme Court elections are known as much for their price tags as for their winners. That?s not good for the state?s reputation or for Alabama justice.”

Full post as published by The Gavel on February 16, 2011 (boomark / email).

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