From Deseret News archives:
Judging the judges
An independent judiciary is an essential ingredient for any free society, but that independence cannot come without accountability. Accountability, however, is no easy task.
Some states make judges run for election, which presents a host of problems, not the least of which is that judges may be tempted to make popular, but incorrect, decisions with an eye toward the next election. Utah has wisely avoided this course.
It is equally troubling to have state lawmakers too closely involved in meddling with the judiciary, endangering the separation that ought to exist between the legislative and judicial branches of government. In the past, some Utah lawmakers have proposed making judges stand for a new Senate confirmation vote every few years, which would greatly compromise judicial independence.
At present, Utah requires judges to stand for retention elections every few years. Voters are asked whether each judge ought to be retained. Other than a few judges who have been the subject of intense negative campaigns, this has resulted in virtually every judge being retained. That has led to discussions about how to provide voters more relevant information that might help them make informed decisions.
The task force discussed systems that would assign grades to the judges. Currently, voters are given results of surveys conducted among attorneys and others who deal with the judges. But the task force reached no conclusions, other than that lawmakers should create a new commission to do the evaluating. But nothing is expected for the upcoming legislative session.
We would suggest that the judiciary make its disciplinary process against judges more open and subject to scrutiny, even though most cases end with little or no discipline.
The bottom line is that there is no perfect system for appointing and retaining judges. However, both Utah voters and the Judicial Conduct Commission have proven themselves capable of removing judges through the years. Certainly, lawmakers, judges and others should continue to study ways to help voters make more informed decisions. For the most part, however, the current system seems to be working well.
