Putting judicial appointments under the control of the legislative and executive branches will not make the process political.
Senator Scott Jenkins
New law changes way judges are selected
August 2, 2010
It is hard to believe that a man is telling the truth when you know that you would lie if you were in his place.
H. L. Mencken
Honesty Quotes
September 12, 1880 – January 29, 1956
Discouraging news from the Standard-Examiner this morning:
• New law changes way judges are selectedHere's the lede:
Any power over the appointment of judges has now been virtually stripped away from Utah's judiciary, an erosion that leaves the legal minds with but one small part in the nomination process.This is an unfortunate development, folks. Under the earlier system, whereby judicial appointees were initially screened by their peers for qualities which would affect their fitness for service on the bench, the process is now almost entirely turned over to the Governor's Office, which effectively guarantees politicization, in our opinion, as a practical matter.
"Was there something broke? No," said Sen. Scott Jenkins, R-Plain City, chair of the Senate Judicial Confirmation Committee. "But it just didn't appear quite right. We thought it's better handled outside the courts. The courts shouldn't be influencing those nominations."
The new system will erode the independence of judges from the other branches of government (or partisan politicians), and reduce judicial independence from political ideology or public pressure.
This is a step backwards, in our opinion, from what was formerly a rather "enlightened" judicial selection process, notwithstanding GOP Senator Jenkins' protestations to the contrary.
Senator Jenkins admits the previous selection process wasn't "broken," so we're scratching our heads wondering why the political party in charge of the two other branches of government (Executive and Legislative) has set about to "fixing" it.
Have at it, O Gentle Ones.
Be sure to throw in your own 2¢.
