O’Connor Testifies Against Election of Judges

Retired US Supreme Court Associate Justice Sandra Day O’Connor testified yesterday before the Maryland Senate yesterday in support of AG Doug Gansler’s proposal to end the election of judges in Maryland.  O’Connor argues that ending the election of judges would help to reinforce confidence in our nation’s courts and end the appearance of corruption innate in judges being forced to seek campaign contributions.

Sounds great.  Appointed judges are so much better.  Right?  Not really.  Appointing judges just moves the politics from out front into the back room.  Maryland Sen. Allan Kittleman (R-Howard) hits the nail right on the head:

If this passes, no longer will any citizen of Maryland have the right to run for judge. If you’re not a favored son of a governor or lawmaker, forget about it. You will have to play the political game.

An excellent, and recent, case in point – Does anyone really believe that Senate Majority Leader Mike Miller’s son would have been appointed a judge IF NOT for his father’s political clout?

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Gansler Proposes Postponing Judicial Elections

Maryland Attorney General Doug Gansler wants to take away your right to elect judges.  At least that’s what the headline in today’s Annapolis Capital reads.  In reality, Gansler is proposing that judges have to be confirmed by voters within 10 years of their appointment rather than the current two years.

In theory, Gansler’s proposal has merit.  In theory …  In reality Gansler wants to make what is already political patronage even more deeply entrenched.

Judgeships are political appointments, nothing more.  That’s not to say the most judges aren’t well qualified; I’m sure they are.  However, forcing a judge to stand before the voters on occasion isn’t such a bad idea.  Although judges are rarely turned out of office, forcing them to stand before voters helps to keep judges grounded.  If you doubt this, you need only look at the federal judiciary.

Our founders designed the federal judiciary with lifetime appointment to prevent undue political influence on the judiciary.  Sadly, we have reached the point where political appointees to the federal bench and literally make law from the bench.  One need only look to the 9th US Circuit to see a living, breathing argument for a limited term of office for federal judges.

As I noted earlier, Gansler’s proposed has theoretical merit.  However, his left wing ideology shines through:

Gansler, however, argued that voters don’t have enough information after a year or two to make an educated decision. He also said voters regularly unseat minority judges, undoing the efforts of recent governors to diversify the bench.

"It becomes a contest run on popularity, often with racial undertones," Gansler said of the contested elections. "There is an obvious dearth of minorities on the bench."

In Gansler’s world, only the liberal elite posses the wisdom to appoint judges.  If a judge refuses to enforce the law or adequately sentence dangerous criminals, voters should have little to no recourse.

If anything, the current system doesn’t force judges to appear on a ballot often enough.  Rather than be elected to a 15 year term, perhaps judges should have to stand for re-election every 8 years.

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Delaware Judge Faces Sexual Abuse Charges

Court of Common Pleas Judge William C. Bradley faces two lawsuits alleging sexual abuse over 30 years ago.  Bradley remains on the bench.

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Laster Appointed to Chancery Court

David Anderson over at Delaware Politics is giving Delaware Gov. Jack Markell’s appointment of Wilmington attorney J. Travis Laster to Delaware’s Court of Chancery a lukewarm reception.  I can’t argue with Anderson that it appears to be a “safe choice”.  However, Laster appears to be well qualified and the Court of Chancery is the primary reason why Delaware is the state of choice for so many corporations.

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NFL Fails to Get TRO Against Delaware Sports Betting

The National Football League, et al, failed to win a preliminary injunction against the First State to prevent implementation of sports betting in Delaware.  Now the sports lobby will have to go to trial in December.

Personally, I’m not in favor of sports betting.  However, to have the NFL whine about gambling is hypocrisy at its highest.  What other sport has the line on every game published in most major newspapers?  What other sport issues an injury report like the NFL?  It’s almost as bad as the NCAA claiming that college basketball is about giving poor, underprivileged young men an education.

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Markell Eliminates Outdated Jury Commissioner System

Sometimes I wonder if Delaware Gov. Jack Markell is a closet schizophrenic.  A darling of Delaware’s left, Markell also keeps moving Delaware towards a leaner, more efficient system of state government.

Case in point, last week Markell announced an elimination of the First State’s outdated jury commissioner system.  Admittedly, this will only save Delaware taxpayers about $15,000 per year.  Doesn’t matter.  Every little bit helps.

Now, if we can just get him to be more efficient on the big items, Markell might just be on to something.

H/T – CRI Blog

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Majoritiy of Americans Oppose Sotomayor

In a recent Rasmussen poll, only 38% of Americans believe that this “wise Latina” should be confirmed to serve on our nation’s highest court.  Justice Clarence Thomas (who the left loves to attack at every turn) had the support of a majority of Americans during his confirmation process.

Fortunately, the left understands that we are all stupid and will save us from our own ignorance.  She is, after all, “the most qualified nominee in the last 100 years.”  In this way, we may be treated to years of Justice Sotomayor crafting new law without ever going to the bother of running for a legislative office.

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Can Sotomayor Be Blocked?

Is it possible to stop the confirmation of SCOTUS nominee Sonia Sotomayor?  The conventional wisdom says no.  However, there is a way if the GOP senators on the Senate Judiciary committee choose to.

A united block of GOP committee committee members could invoke Rule 4.  This would require that Sotomayor’s nomination cannot report out of committee and move to the floor without the vote of at least one GOP committee member.  Given that Sen. Arlen Specter (D-PA) is no longer the most liberal Republican on the committee, this is possible.

Senators Orrin Hatch (R-UT), Lindsay Graham (R-SC), and Charles Grassley (R-IA) are believed to be the most likely to support Sotomayor’s confirmation.  However, if the GOP committee members remained united on this President Obama could be forced to withdraw her nomination and submit a justice who at least isn’t on record as believing that our courts should make the law rather than interpret it.

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Morning Line – February 23, 2009

Delaware -

Redevelopment in Wilmington.  Perhaps Salisbury, MD can learn a lesson or two.

With a government takeover of the nation’s financial system firmly moving forward, ACORN is now helping the Dems socialize medicine (using your tax dollars of course).

Would abolishing the “prevailing wage” law in Delaware save money?  Tens of millions of dollars.  Just don’t expect any action until the DE GOP manages to elect a few more conservatives.

You may find this funny.  It may just piss you off.  Unfortunately, our friends over at DelawareLiberal actually have more than a grain of truth in this one.

Maryland -

The Baltimore Reporter nails Maryland Gov. Martin O’Malley on right to carry.  O’Malley’s proud that the “Not So Free State” is now only the 8th most violent state in the nation?

Hospital non-profit status starting to come under microscope.  With many “non-profit” hospitals in the business of everything from real estate development to gyms, it’s about time.

This isn’t political, but since you’re reading this from a computer you should definitely pay attention to what the Delusional Duck has to say about internet based bank fraud.
Read more

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Albero Trial Over – No Guilty Verdict to Put A Smile on the Faces of Tilghman or Duvall

It’s finally over.  The trial of the century (at least as far as Salisbury Mayor Barrie Tilghman or Bill Duvall are concerned) has concluded with a whimper instead of a bang.

Yes, it is true that Salisbury News publisher Joe Albero gave an Alford plea this morning in Wicomico County Circuit Court.  Judge Kathleen L. Beckstead gave Albero probation before judgment with one year’s probation.  Despite what you will read elsewhere, that translates into no record upon completion of the probationary period.

Admittedly, I have a personal stake in this matter.  Joe and Jennifer Albero are friends.  If I were in similar circumstances I too would have given the Alford plea; so would Tilghman or Duvall.  Any moderately sane person would when your personal liberty is at stake, no matter how remote the probability of incarceration.

Regardless, expect to hear Duvall (and possibly Tilghman) crow about this matter.  Personally, I would not wish this on my worst enemy much less a friend.  However, I can take comfort that Joe was not found guilty of any charge.

It’s a shame that Bill Duvall cannot make the same claim.  Someone who was once given the honor of selecting our judges, Duvall was forced to resign from the District 1 Judicial Nominating Commission because of racist remarks.  Yet Duvall has the temerity to attack Albero for a crime which he was not even convicted of.

Duvall owes Albero an apology.  Whether you agree with him or not (and I often don’t), I don’t see Joe Albero being tagged as a racist.  Now Duvall will have to go back to merely bitching about what Joe writes, which is proper in a free society.

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