Sunday, February 10, 2008

Keeping politics out of politics . . .

Tennessee's current judicial selection process (for intermediate appellate courts and the supreme court) was inspired by the so-called Missouri Plan (too bad our system wasn't inspired by the Tennessee Constitution which states "judges shall be elected by the qualified voters of the state"). In any event, there's trouble brewing in Missouri surrounding their trend-setting system, and as the Wall Street Journal points out, the Missouri Plan (and its progeny) are built on a fantastic premise:
"Trying to get politics out of politics is a fantasy exercise. The success of the American system is rooted in checks and balances and the accountability that comes from public scrutiny. Keeping judicial selection democratically accountable is the best insurance for choosing the best judges, and ensuring that they are serving the interests of all citizens."
Tennessee's statute creating our Judicial Selection Commission was scheduled to expire last summer (2007) but the sunset provision was kicked down the lane until this summer. The legislature should comply with the letter and spirit of our Constitution and not extend the current system. Thereafter, if they prefer a process other than popular elections, they should play by the rules and change the Constitution.

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