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Judicial Independence

The election of judges should not be a partisan election, as are other offices. Unlike other elected officials, judges are limited in the scope of their jobs to the application of the law to those cases which come before them. Unlike police officers, who can decide when to ticket or arrest and when to look the other way, a judge must act on every matter that comes before him or her. This action, which consists of determining, interpreting, and applying the laws - is not ever intended to be a function of partisan politics. Each party who appears before a judge has the constitutionally protected right to be seen as classless, genderless, raceless, ageless and without any social or political affiliations. If a judge is elected by his/her political party, that judge cannot help but feel obligations – or at least commitment to - the goals and beliefs of that party, if not necessarily to the individual movers and shakers within the party.

Unlike other offices, judges must be lawyers. They should campaign on and be elected or defeated by virtue of their record and ability in that field, not by their ability to gain partisan support and bring in political “machines” to build support on party lines. Judges


Like politicians, judges facing election must raise increasingly large sums of money to run campaigns. It is the responsibility of each candidate to ensure that the public knows their record and qualifications. But most individuals cannot afford to mount the kind of campaign that is necessary to publicize their records without the support of a special interest group. Then they end up owing - or being perceived to owe - favors or allegiance to that group. Political parties and special interest groups throw elections by picking candidates they like that also share the interests of the party. Then the groups have an unfair influence on courtroom decisions. Judges that are elected by political parties sometimes feel pressured to decide cases in ways that help their financial supporters. They know that they won’t be able to run for reelection without the backing of a major political party, but the decision they know is just is the most unpopular among members of the party. The only choices are to make the right decision (the decision that is based on facts, evidence and the law) and risk losing the support of the party, or make the wrong decision (the one based on the views and feelings of the party) and trample the rights (the right to “fair and impartial” judges and juries) of the people involved in the case.

should not be influenced by personal interests or relationships, the identity or status of the parties to

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Approximate Word count = 965
Approximate Pages = 4 (250 words per page double spaced)


  

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