"Judges are the weakest link in our system of justice, and they are also the most protected."
- Alan M. Dershowitz
Nevada's current system of electing state Supreme Court and District Court judges protects incompetent judges and those vulnerable to political influence. Most voters do not know the record of judges they elect; they only know what the judge and his or her opponents want them to know through campaign advertising.
But only judges who have an opponent face a real election. Nevada was ranked No. 8 in the nation between 2000 and 2009 for most money raised for Supreme Court elections. The need for zillion-dollar campaigns has the potential to compromise judicial integrity and impartiality. Campaign brawling is unseemly for the judiciary and demoralizing for the voter.
Ballot Question 1 asks voters to change the state Constitution to allow a system of judicial appointment rather than direct election. Here's how it works. The state Commission on Judicial Selection screens applicants and recommends three to the governor, who appoints the judge. The nifty part is that within two years, the appointed judge faces a review by a separate nonpartisan Commission on Judicial Performance which collects input from jurors, attorneys and staff regarding how well the judge performs.
This job evaluation is made public prior to the election, and the judge must garner at least 55 percent of the vote to keep his job. An incumbent judge faces a similar process in order to retain her seat for six more years. The judge runs on her record, not against an opponent. If not retained, the governor appoints a replacement from judicial selection committee recommendations.
Question 1 is championed by retired U.S. Supreme Court Justice Sandra Day O'Connor. "The kind of merit selection system being proposed in Nevada - now used in two-thirds of states in some form - protects the impartiality of the court without sacrificing accountability," said O'Connor in support of Question 1. "When you enter one of these courtrooms, the last thing you want to worry about is whether the judge is more accountable to a campaign contributor or an ideological group than to the law."
Question 1 will make judges more responsive to the public so that Nevadans can depend on fair and independent courts. In the words of Justice O'Connor, "Left unaddressed, the perception that justice is for sale will undermine the rule of law that courts are supposed to uphold." Question 1 is timely reform, years in the making and long overdue. Let the judging of judges begin!
• Abby Johnson lives in Carson City, and is a part-time resident of Baker, Nev. She consults on community development and nuclear waste issues. Her opinions are her own and do not necessarily reflect those of her clients.