Monday, August 02, 2010

Standard-Examiner: New Law Changes Way Judges Are Selected

A step backwards, in our opinion, from what was formerly a rather "enlightened" judicial selection process
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 selected
Here'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.
"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."
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.

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¢.

10 comments:

IMA BELIEVER said...

Just what we need: control of who become our judges by the pinheads of our doggedly UNethical, drunk driving, child abusing, theocratic, nationally embarrassing legislature.

Where do these boneheads come up with these ideas? Oh, wait--I know.

Curmudgeon said...

"The process is now almost entirely turned over to the Governor's Office, which effectively guarantees politicization, in our opinion, as a practical matter."

Yup.

ozboy said...

It doesn't really seem like much of a change to me.
The process was already politicized, the Governor already had the final say on who gets to wear the black robes.

Case in point is Judge Connor on the 2nd district. He was a long time political protegee of Lt. Governor Bell and was appointed to the bench over what some considered to be much more qualified candidates. He was then, after a very brief time on the bench, nominated to be a Supreme! He didn't get it this time, Lee did, but my guess is that he will in fact get there before Herbert and Bell leave office.

I don't mean to cast dispersions on Judge Connor's actions on the bench or his integrity, but merely use this as an example of how politicians already are the main gate keepers of the Utah judiciary.

Motion to Dismiss said...

This will increase the number of bone-headed legislation that goes to the US Supreme Court.

RudiZink said...

Ozboy: Although I understand what you're saying, i.e., that the right wing corporatist morons of the Utah State Senate (Senate 20 moron Scott Jenkins especially), [Boss Godfrey's jaded neoCON cousin for instance] have only incrementally consolidated the power to approve judicial nominees, I'll continue to argue that this latest "tweak" will essentially destroy the political neutrality of the Utah judicial bench.

That's my take and I'm stickin' with it.

I'll cheerfully welcome counter-arguments from all Utah neoCONS, corporatists,Godfreyites and all other assorted believers in BIG GOVERNMENT SOLUTIONS.

Please state your arguments, Utah socialists, left and right wing alike. I have a little free time today; and I'd love to hand you your ass before this evening's "dinner date."

Oh C'mon said...

Scott Jenkins is Matthew Godfrey's cousin?

What evidence do you have for this, Rudi?

Wake up People said...

Beware of bootlicking Majority Leader Senator Jenkins and his evil Senate President Boss, the thoroughly rotten Mike Waddoups.

They're leading the State of Utah toward "soft" fascism (Ron Paul calls it corporatism) at a very quick and evil pace.

Danny said...

Three interesting articles for this evening.

Recession is worse than first reported - economy well below where it was three years ago.

Stunning decline in US manufacturing (but we sell homes to each other!!! Used to anyway.)

The horrendous movie Soylent Green is coming true.

Mega trends.

Annoyed With the World said...

Well folks you like what is going on now? Then keep voting for those Republicans!!!

You all made this bed, now lie in it.

Stephen M. Cook said...

But, Republicans are on the side of God.
How can you go wrong when you have the one and only true god in your camp?

Unless, of course, you are worshiping one of those ancient desert gods who use blood sacrifice, both symbolic and real, as a sacrament, who orders David treat captives thus "...cut them with saws, and with harrows of iron, and with axes..." or "...the LORD said unto Moses, 'Take all the heads of the people and hang them up before the LORD against the sun, that the fierce anger of the LORD may be manifest" or "...the LORD smote all the firstborn in the land of Egypt, from the firstborn of Pharaoh that sat on his throne unto the firstborn of the captive that was in the dungeon; and all the firstborn of cattle" or "The Lord said kill every male among the little ones, and kill every woman that hath known man by lying with him. But all the women children, that have not known a man by lying with him, keep alive for yourselves" or "The Lord said Go ye after him through the city, and smite: let not your eye spare, neither have ye pity: Slay utterly old and young, both maids, and little children..." or ""The righteous shall rejoice when he sees the vengeance. He shall wash his feet in the blood of the wicked" or "..."a blessing on anyone who seizes your babies and shatters them against a rock!"
And if you kids are acting up, the God that most Republicans worship gives this sage advise, "..."Thou shalt not delay to offer the first of thy ripe fruits, and of thy liquors: the firstborn of thy sons shalt thou give unto me." Yep, human sacrifice, right out of the mouth of this Deseret God.

Yep, if you are a Republican in this century, make sure you worship a God who orders his worshipers to act thusly. Otherwise, you don't stand a chance at being elected.
Ask Dick Cheney. He seems to be in lock-step with this bloody and evil desert god.

Of course, will all the infinite options available, and having infinite wisdom, he creates a planet that is basically one large restaurant of blood flowing everywhere.

What an asshole would be this mythical blood thirsty vengeance-prone creator. He would have all of the qualities one would teach their children to shun.

And lest you think the various naked and half insane wandering "Messiahs" now conglomerated into a quasi-mythical God-Man, felt any different about Republican Values, "Think not that I am come to send peace on earth: I came not to send peace, but a sword. For I am come to set a man at variance against his father, and the daughter against her mother, and the daughter in law against her mother in law. And a man's foes shall be they of his own household".

You want to hear a labyrinthine justification for all of this? Just ask any bible scholar, who will, out of one corner of his mouth, dismiss facts such as these with twisted logic, but will with a straight face include in his dogmatic theology: keeping women in their place and condemning our gay brothers.

Madness? (wink)You betcha!

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