A plea for impartial courts

Faith in our judicial system largely depends on a judge’s ability to remain impartial. In order to maintain voter confidence in the Minnesota Judiciary, certain changes need to be made, including an amendment to the State Constitution.

When the Announce Clause was found unconstitutional in 2002, a new door opened. Allowing for campaign contributions and political affiliations to become a major influence in Judicial Elections, the 2002 ruling ensured that endorsements and other monetary contributions would now become a part of the judiciary election process. Justice truly is at stake when money and promises become involved. Judges are the last people we want to be returning favors when their jobs demand that they remain uninterested in the particular issues presented to them.

Thus, the current judicial election system will bring on an onslaught of attack-ads pitting the campaigning judges against one another. This may be a necessary component of the political elections in which other legislators partake, but it is a detriment when it comes to the characteristically different Judicial Elections.

Minnesota is in a unique position to put a stop to these issues before they even begin. The Quie Commission prompted the founding of Minnesotans for Impartial Courts (MIC), which has recommended legislation for a new selection process, which will help Minnesota in avoiding issues like monetary endorsements ad attack-ads. The MIC legislation emphasizes voter retention and gubernatorial appointments, rather then the current system of competitive elections.

The proposed legislation is as follows: a commission will present a list of several nominations for the open judicial position to the Governor. The Governor will choose one name from the list as the appointment (or, if s/he doesn’t find one to their liking then the commission will come up with another list). When a judge’s term is coming to an end, a retention vote will take place, which will give the voters an opportunity to vote “yes” the judge should remain or “no” they should be removed.

What do you think makes a court impartial, and how should Minnesota uphold standards of justice in our judiciary system? Make a comment here, and then write your legislator. Tell them that courts should not be for sale.

 Nick Wrobel
JRLC Intern and Luther College '11