Friday, May 11, 2007
THOUGHTS ON LEGISLATIVE ELECTIONS OF THE JUDICIARY
A friend of ours thinks that, by definition, all members of both the Judiciary and the Legislature are corrupt. This is why he opposes the election of members of the Judiciary by members of the Legislature;* he cites this "article" in support of his position.
Comments posted on this BLOG, articles posted on this site, and this article seem to make our friend's point. However, we think our friend should consider both the alternatives to legislative elections and alternative views.
First, this Greenville News article challenges some of the factual conclusions advanced in the "Beattygate" article. In "Beattygate," Summerville resident Joseph Kress is quoted as asking, "I just wonder why [State Senator Annette Young] would agree to a deal that now has her supporting [Beatty] the least qualified candidate.” Yet, The Greenville News indicated that the "Judicial Merit Selection Committee gave Beatty the highest number of votes, followed by Appeals Court Judge Kaye Hearn of Conway and Williams." This would seem to make Beatty the most qualified to serve on the South Carolina Supreme Court rather than the least qualified, and thus, deserving of Ms. Young's support.
Second, we note that in a recent pivotal town election in the Town of Summerville, less than 10% of the electorate turned out.
And third, we note that it is "the people" who elect members of the Legislature.
In short, if "the people" are going to continue to fail to exercise their right to vote and are going to base their votes on misinformation, why shouldn't we let the Legislature select Judges? After all, we elected the members of the Legislature, so we must think that they have some sense--or at least that they will vote. More important, they can be held accountable for their votes, whereas voters in the general population can lawfully and secretly base their votes on whatever criteria they choose, including misinformation, prejudice, and nepotism.
A friend of ours thinks that, by definition, all members of both the Judiciary and the Legislature are corrupt. This is why he opposes the election of members of the Judiciary by members of the Legislature;* he cites this "article" in support of his position.
Comments posted on this BLOG, articles posted on this site, and this article seem to make our friend's point. However, we think our friend should consider both the alternatives to legislative elections and alternative views.
First, this Greenville News article challenges some of the factual conclusions advanced in the "Beattygate" article. In "Beattygate," Summerville resident Joseph Kress is quoted as asking, "I just wonder why [State Senator Annette Young] would agree to a deal that now has her supporting [Beatty] the least qualified candidate.” Yet, The Greenville News indicated that the "Judicial Merit Selection Committee gave Beatty the highest number of votes, followed by Appeals Court Judge Kaye Hearn of Conway and Williams." This would seem to make Beatty the most qualified to serve on the South Carolina Supreme Court rather than the least qualified, and thus, deserving of Ms. Young's support.
Second, we note that in a recent pivotal town election in the Town of Summerville, less than 10% of the electorate turned out.
And third, we note that it is "the people" who elect members of the Legislature.
In short, if "the people" are going to continue to fail to exercise their right to vote and are going to base their votes on misinformation, why shouldn't we let the Legislature select Judges? After all, we elected the members of the Legislature, so we must think that they have some sense--or at least that they will vote. More important, they can be held accountable for their votes, whereas voters in the general population can lawfully and secretly base their votes on whatever criteria they choose, including misinformation, prejudice, and nepotism.
*Only the Virginia and South Carolina Legislatures elect the Judiciary. However, Virginia seems to have a little better system of ensuring judicial competence.
Labels: Election of Judges
