Litigation

?Our Judicial Mess? Lamented in Alabama

By Peter Hardin

A recent Justice at Stake poll, showing solid bipartisan majorities believe campaign cash influences judicial decisions, continues to hit home in Alabama.

In an editorial entitled “Our judicial mess,” the Anniston Star editorial board cited extensively from the Harris Interactive survey (see Gavel Grab), then drew a contrast between the survey findings and the predominant views of Alabama politicians.

Majorities of those polled  “made it clear that they did not want justice bought. Well, here in Alabama, politicians seem to like the system just the way it is,” the editorial lamented. “They seem to be happy that this state has become an extreme example for special-interest spending on judicial races.”

The legislature has considered bills to switch from competitive judicial elections to a system that combines appointment and retention (up-or-down) elections for judges. The proposals have failed. “In Alabama, this is what passes for representative government,” the editorial concluded.

In the Hartselle Enquirer, Bob Martin wrote a column that juxtaposed the poll with the failed history of efforts for judicial reform. He recalled then-Chief Justice of the Alabama Supreme Court Howell Heflin throwing cold water on a proposal in 1973 for merit selection of judges, after receiving a call in opposition from Gov. George Wallace. ?It looks like we?re going to have to put that on the ?back burner? for awhile,? Heflin told an audience.

“It has remained on the back burner and will likely do so until something really horrible and egregious happens,” Martin wrote.

The Birmingham News editorial board embraced the JAS poll recently (see Gavel Grab). State Supreme Court contests in Alabama were the most costly in the nation in the past decade, according to a recent study co-authored by Justice at Stake, entitled ?The New Politics of Judicial Elections 2000-2009: Decade of Change.?

Full post as published by The Gavel on September 17, 2010 (boomark / email).