Judicial Independence.
The article in the February 15, News titled "Judicial Independence" was hardly news to those who have and are serving on the bench of the 11th Circuit and Miami-Dade County Court. It is only the tip of the iceberg when discussing the chilling effect the elective system for selection of judges has on true judicial independence.
Let me note that I do not believe that any of my former colleagues in Miami-Dade County are substantially affected by campaign contributions, race, or ethnicity in their rulings, but they are human beings and they can hear "the footsteps behind them." What was not mentioned in the article is the effect that corporations with large numbers of pending actions in our courts are having on judicial elections. Some are spending tens (if not hundreds) of thousands of dollars in contributions to judicial campaigns by using numerous corporations established solely for the purpose of siphoning $500 (the "legal limit") contributions.
The framers of our national Constitution, the founding fathers, feared a politicized judiciary. They knew that judges should have no fear of reprisals for ruling in an unpopular way or against influential people or organizations. That is why they chose a judiciary with lifetime appointments.
Judges should have no "constituency." They are supposed to "represent" no one and serve everyone. The continued belief by the influential that trial judges should be elected and beholden to any religious, racial, economic, ethnic, political, or gender group defeats what all should be seeking: a truly independent trial judiciary dedicated to providing fair and equal justice from a judge, who is right more than most of the time, but always strives to follow or interpret, but not make, the law.
The issue is not and should never be "who" your judge may be, but what he or she is intellectually and ethically. The issue is not and should never be whether you "like" your judge and not whether you win or lose, but is whether that judge is giving you a fair hearing or trial.
We all understand that with a part-time legislature incapable of performing the "vetting" and occasional impeachment process, that federal judges must or may go through, lifetime appointments are not feasible (nor desirable) in this state. There must be an...
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