The editorial "Paying for quality" (March 2) made a case for improving financial incentives for state judges, to provide a high-caliber bench. Unfortunately, by electing judges, Georgia compromises the quality of opinions rendered by state judges, regardless of their compensation.
As long as judges remain political animals, there will be special-interest groups and special-interest money that will influence judicial outcomes. With each election there is the opportunity to replace the incumbent judge with one that it more sympathetic to special interest issues. Outcomes from controversial appeals are available to the highest bidder. Although fiction, The Appeal, by John Grisham, paints a real story with real consequences as a result of the current system of electing judges.
Special-interest groups have been known to provide questionnaires to judges regarding hot-button topics. Per The Tennessee Bar Journal, June 2006, the Christian Coalition of Georgia issued questionnaires to two Georgia Supreme Court candidates. "Challenger Grant Brantley filled out the group's survey, but incumbent Justice Leah Sears refused to respond. In its direct mail, the Coalition indicated 'No Response' from Justice Sears and then attacked her for concurring in a decision striking down Georgia's sodomy law."
These tactics are not uncommon when it comes to political campaigns for executive and legislative offices, but should not be used when determining judicial representatives. We want our judges to make fair decisions based on law, not on the influences of corporate and special interest money.
Merit selection originated in Missouri and has been adopted by 20 states, including South Carolina. The executive branch nominates a candidate that is confirmed by the legislative branch -- the nominee must stand for a non-contested reelection after the first term. Merit selection takes the politics and special-interest agendas off the table and provides an improved platform to allow fair and unbiased decisions from our judicial branch.
Once we eliminate politics from the equation, we can focus on improving compensation for our judges.
Steve Grumman, Martinez






