Friday, May 06, 2005
MERIT BASED JUDICIAL EVALUTIONS—A NOVEL IDEA
According to the Judicial Performance Evaluation Task Force Report, Judges will be judged "on the manner in which a judge administers justice, not on the content of those decisions.”
The task force was chaired by Virginia Supreme Court Justice Barbara Milano Keenan, who in 2003 faced opposition to her re-election by legislators because of her 1995 dissent in a case in which a child was removed from her mother's custody because of the mother's sexual orientation.
"The judicial performance evaluation program will serve a valuable role in preserving the independence of the judiciary," said Keenan. "Because the judges will not be subject to unfair criticism attacking the content of one or two of their cases, but will be subject to an overall review of their performance as required by the canons of judicial conduct."
Initially, only jurors, and lawyers who regularly have seen the judge in action, will be asked to complete written evaluations that use criteria that mirror aspects of the Virginia Canons of Judicial Conduct. Judges will also evaluate themselves before receiving the results.
Results will be tabulated by an independent contractor and the original forms destroyed. Along with written comments, the results will be sent to a "facilitator [retired] judge" and to the judge being evaluated. However, in the year preceding an election, the results will also be shared by designated members of the state legislature.
At present, Virginia and South Carolina are the only states in which the Legislature re-elects judges. So, there does not seem to be any reason why the Virginia system could not be adopted in South Carolina.
The State of Virginia recently funded a judicial evaluation program that will begin in July of this year. By Virginia Supreme Court Order, all Trial Court Judges will be given a confidential analysis of their judicial performance at regular intervals. Appellate Judges will be included in future evaluations.
According to the Judicial Performance Evaluation Task Force Report, Judges will be judged "on the manner in which a judge administers justice, not on the content of those decisions.”
The task force was chaired by Virginia Supreme Court Justice Barbara Milano Keenan, who in 2003 faced opposition to her re-election by legislators because of her 1995 dissent in a case in which a child was removed from her mother's custody because of the mother's sexual orientation.
"The judicial performance evaluation program will serve a valuable role in preserving the independence of the judiciary," said Keenan. "Because the judges will not be subject to unfair criticism attacking the content of one or two of their cases, but will be subject to an overall review of their performance as required by the canons of judicial conduct."
Initially, only jurors, and lawyers who regularly have seen the judge in action, will be asked to complete written evaluations that use criteria that mirror aspects of the Virginia Canons of Judicial Conduct. Judges will also evaluate themselves before receiving the results.
Results will be tabulated by an independent contractor and the original forms destroyed. Along with written comments, the results will be sent to a "facilitator [retired] judge" and to the judge being evaluated. However, in the year preceding an election, the results will also be shared by designated members of the state legislature.
At present, Virginia and South Carolina are the only states in which the Legislature re-elects judges. So, there does not seem to be any reason why the Virginia system could not be adopted in South Carolina.
