WASHINGTONSen. John Cornyn a member of the Senate Judiciary Committee published an op-ed in Texas Lawyer today highlighting the need for judicial reform in Texas. The full article can be accessed here and below are key excerpts.
Sen. Cornyn: Our Current System Is Deeply Flawed":
This much is clear to me: Our current system is deeply flawed. As Texas Supreme Court Chief Justice Wallace Jefferson has said in calling for a summit on judicial selection It is time to decide whether partisan election is the best means to ensure judicial competence.
A judges job is to apply the law and in the absence of a jury to decide the facts of the case. This job description should not include advancing a personal or partisan agenda from the bench. When a judge brings a personal agenda or partisan commitments to the bench the rule of law suffers and invariably public confidence in our system of justice is undermined."
Sen. Cornyn: Partisan Judicial Elections Are Bad For The Public And The Judiciary":
Partisan judicial elections are bad for the public and the judiciary. In recent and earlier elections incumbent judges whose names qualifications experience and records largely are unknown to all but the most diligent of voters have been summarily swept from office. Does this serve the public interest? Not unless you believe in nearly random selection."
Sen. Cornyn: The Debate Over Judicial Selection Reform In Texas Must Begin Anew":
There has to be a better way to balance judicial accountability and independence. I believe the debate over judicial selection reform in Texas must begin anew -- and it must end with a new system for selecting judges."
Sen. Cornyn: There Are Several Options Available":
There are several options available. For example federal judges are nominated by the president and confirmed by the U.S. Senate. Properly administered this process provides some level of public accountability but without the fundraising taint. One of the questions frequently asked of presidential candidates is: What kind of judges will you appoint? This is an important question because federal judges serve for life and can only be removed from office by impeachment.
Others have suggested the use of so-called independent commissions to select judges who are then subject to retention elections. Independence is a much sought and rarely satisfied component of this alternative which also is controversial. As one sage put it: You cant take politics out of politics. But even this method might be improved with appropriate checks and balances."
Sen. Cornyn: Lets Strive For A New Method Of Judicial Selection In Which All Texans Can Take Pride":
Lets strive for a new method of judicial selection in which all Texans can take pride."
WASHINGTONSen. John Cornyn a member of the Senate Judiciary Committee published an op-ed in Texas Lawyer today highlighting the need for judicial reform in Texas. The full article can be accessed here and below are key excerpts.
Sen. Cornyn: Our Current System Is Deeply Flawed":
This much is clear to me: Our current system is deeply flawed. As Texas Supreme Court Chief Justice Wallace Jefferson has said in calling for a summit on judicial selection It is time to decide whether partisan election is the best means to ensure judicial competence.
A judges job is to apply the law and in the absence of a jury to decide the facts of the case. This job description should not include advancing a personal or partisan agenda from the bench. When a judge brings a personal agenda or partisan commitments to the bench the rule of law suffers and invariably public confidence in our system of justice is undermined."
Sen. Cornyn: Partisan Judicial Elections Are Bad For The Public And The Judiciary":
Partisan judicial elections are bad for the public and the judiciary. In recent and earlier elections incumbent judges whose names qualifications experience and records largely are unknown to all but the most diligent of voters have been summarily swept from office. Does this serve the public interest? Not unless you believe in nearly random selection."
Sen. Cornyn: The Debate Over Judicial Selection Reform In Texas Must Begin Anew":
There has to be a better way to balance judicial accountability and independence. I believe the debate over judicial selection reform in Texas must begin anew -- and it must end with a new system for selecting judges."
Sen. Cornyn: There Are Several Options Available":
There are several options available. For example federal judges are nominated by the president and confirmed by the U.S. Senate. Properly administered this process provides some level of public accountability but without the fundraising taint. One of the questions frequently asked of presidential candidates is: What kind of judges will you appoint? This is an important question because federal judges serve for life and can only be removed from office by impeachment.
Others have suggested the use of so-called independent commissions to select judges who are then subject to retention elections. Independence is a much sought and rarely satisfied component of this alternative which also is controversial. As one sage put it: You cant take politics out of politics. But even this method might be improved with appropriate checks and balances."
Sen. Cornyn: Lets Strive For A New Method Of Judicial Selection In Which All Texans Can Take Pride":
Lets strive for a new method of judicial selection in which all Texans can take pride."
