
Yes–it’s the same basic article we always run. Get used to it.
Socially, we are pretty liberal on these folks. No really. Three or four of our firm’s friends are elected state judges, or ex-state judges.
We still say hello to them in public–and once even had one to dinner. We would probably not object too terribly strongly if one of our sisters, brothers, sons or daughters very very briefly dated one, probably.
States: Can You Get Off Your Knees, Please? Look, maybe think of it like this: Good Crops, Motherhood, the Flag, Andy Griffith, puppies, selflessness, courage, Beauty, Truth, a thin Marie Osmond, a really good-looking Eleanor Roosevelt, Sweetness, Light, and replacing state judicial elections with merit-based selection in 39 American states.
Let’s be clear. Popular election of state judges is beneath: (a) you, (b) your law firm, (c) your family’s dog, and (d) your business clients, and especially if you act for businesses who trade nationally or globally. That institution, favored in a majority of states in some form, makes states that still conduct them appear insular and potentially unfair to both American litigants and to non-Americans and their businesses abroad.
With each election cycle campaign donations are driving up the costs. This is, of course, wasteful and inefficient. See “The New Politics of Judicial Elections in the Great Lakes States, 2000″“2008” by Justice at Stake. More importantly, the very existence of state laws regulating campaign contributions to candidates running for judicial office send two unintended but lousy messages:
1. Judges, like mayors and congressmen, have “constituents”.
2. Justice, like real estate or widgets, is “for sale”.
We appreciate that many of the some 10,000 elected American judges were excellent lawyers, and that as jurists they do first-rate, honest, exemplary, and often inspiring work. We have indeed stayed loose and open-minded on this subject.
In fact, 3 or 4 of our firm’s friends are elected state judges–or ex-state judges. (Hull even dated one for until she turned 35.) We are gracious. We say hello to them in public–and once even had one to dinner. We would probably not object too strongly if one of our sons or daughters very briefly dated one. But elected benches are by nature glaringly “fishy” to even the most casual observer and especially, it seems to us, in the Midwest and South, and wherever else American Horse Sense abounds.
