| Standing Up For Judges
Letter to the Editor by Charles W. Wirken
State Bar of Arizona President
Published 10-30-2004
We recently marked the 50th anniversary of the court case Brown v. Board
of Education, in which the United States Supreme Court ruled that racial
segregation in public schools was unconstitutional. There’s no doubt
that decision was controversial in 1954, but would you call the decision
of those justices “judicial activism”? Just because a judge
makes an unpopular decision doesn’t make it wrong.
Fast forward to today where the phrase “judicial activism”
is being tossed around by people asking you not to retain some, or perhaps
all, of the judges who are up for retention on the November 2 ballot.
I believe that request is politically motivated and not in the best interest
of the public. What’s really at issue here is the ability of our
judges to make impartial decisions based on the law, not based on politics
or what’s popular.
Lawyers represent people on both sides of issues in court, so we don’t
have an interest in judges who advocate a particular political philosophy.
What’s most important to the community is keeping judges who make
decisions based solely on the law, as written by legislators. A judge’s
decision shouldn’t be based on personal beliefs or influenced by
the potential outcry from groups with a vested interest in the outcome.
This is the essence of an independent judiciary.
A court system free from popular influence ensures that the people with
the smallest voices can be heard. Without an independent judiciary, would
ordinary citizens have an impartial forum to seek redress against big
business or big government? Would the evils of segregation have been challenged
in Brown v. Board of Education?
Admittedly, it may be difficult to make an informed decision about whether
to retain the many judges who appear on this year’s ballot. One
excellent resource is the Commission on Judicial Performance Review, which
rates our judges on a wide variety of appropriate factors. Members of
the public make up more than half of that Commission. I encourage you
to read their report on the Arizona Supreme Court web page www.supreme.state.az.us/jpr.
So the next time you hear an outcry against judges, consider whether
this is politics at work and remember Brown v. Board of Education. My
vote is for a system that allows you to appear before a judge who will
handle your case impartially, free from the fear of political retribution.
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