| Standing Up For Judges We recently marked the 50th anniversary of the court case Brown v. Board of Education, in which the United States Supreme Court ruled that racial segregation in public schools was unconstitutional. There’s no doubt that decision was controversial in 1954, but would you call the decision of those justices “judicial activism”? Just because a judge makes an unpopular decision doesn’t make it wrong. Fast forward to today where the phrase “judicial activism” is being tossed around by people asking you not to retain some, or perhaps all, of the judges who are up for retention on the November 2 ballot. I believe that request is politically motivated and not in the best interest of the public. What’s really at issue here is the ability of our judges to make impartial decisions based on the law, not based on politics or what’s popular. Lawyers represent people on both sides of issues in court, so we don’t have an interest in judges who advocate a particular political philosophy. What’s most important to the community is keeping judges who make decisions based solely on the law, as written by legislators. A judge’s decision shouldn’t be based on personal beliefs or influenced by the potential outcry from groups with a vested interest in the outcome. This is the essence of an independent judiciary. A court system free from popular influence ensures that the people with the smallest voices can be heard. Without an independent judiciary, would ordinary citizens have an impartial forum to seek redress against big business or big government? Would the evils of segregation have been challenged in Brown v. Board of Education? Admittedly, it may be difficult to make an informed decision about whether to retain the many judges who appear on this year’s ballot. One excellent resource is the Commission on Judicial Performance Review, which rates our judges on a wide variety of appropriate factors. Members of the public make up more than half of that Commission. I encourage you to read their report on the Arizona Supreme Court web page www.supreme.state.az.us/jpr. So the next time you hear an outcry against judges, consider whether this is politics at work and remember Brown v. Board of Education. My vote is for a system that allows you to appear before a judge who will handle your case impartially, free from the fear of political retribution. |