Massachusetts dallies with, and rejects, judicial term limits

My colleague Lawrence Freidman — a sometime guest contributor to this blog — praises the decision here:

The measure the Committee rejected proposed amending the state constitution to provide that judges be reviewed every seven years by the governor’s council. In an interview with The Lowell Sun, the author of the “Proposal for a Legislative Amendment to the Constitution Relative to the Term of Judicial Officers,” Representative Tom Golden, stated that the goal was judicial accountability, particularly for those judges “who consistently make poor legal decisions. 

There are two problems with this justification. First, it is far from clear that there ever could be universal agreement – or even agreement among the members of the Governor’s Council – as to the definition of a “poor legal decision.” It is a fact that, in every civil and criminal case, one party is bound to be disappointed by some judicial ruling, whether it concerned scheduling, procedural mattersor the admissibility of evidence—not to mention the end result. In other words, decrying a “poor legal decision” is in many instances another way of saying you simply do not agree with that particular decision. 

This is not to say that judges are infallible, or that no judicial decision can be deemed objectively wrong. But this leads to the second problem with the proposal: the notion that the only effective form of accountability is one that involves the democratic removal of constitutional officers from their posts.

Read the whole thing!

Update on state legislation affecting the courts

State legislatures continue to propose and advance bills that will impact their respective court systems.  Here are some of the latest developments:

  • Indiana’s proposal to convert Marion County (Indianapolis) to a merit selection system is heading to conference committee.  The latest version of the bill calls for a 14-member nominating committee to choose three final candidates for the governor’s selection; four of the committee members would be chosen from voters.  Previous coverage of the Indiana bill and its history is here.
  • In Arkansas, a new bill would change the way state judges are elected in Cumberland County Superior Court.  The current election system grants seats on the bench to the top two vote-getters among all candidates.  The bill would require candidates to declare which of the two judicial seats they are seeking.
  • The Florida House of Representatives has passed an amendment to the state constitution that would impose term limits on state appellate judges, including supreme court justices.  This is a terrible idea, but happily it is still in its infancy.  The state senate would also have to approve the move, and then voters would have to approve it in 2018.  Similar efforts in others states have been defeated in recent years after they were exposed for the transparent political proposals that they were.
  • Nebraska’s unicameral legislature has advanced a bill to raise judicial pay in the state.