Wednesday, Mar 18, 2009

TTT MARCH 18: ENCORE: CHOOSING OUR JUDGES: Elect or Select?

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MARCH 18: ENCORE: CHOOSING OUR JUDGES: Elect or Select? SINCE AIRING THIS PROGRAM A YEAR AGO, a bill to place a Constitutional amendment before Minnesota voters in 2010 is being heard at the Legislature. The arguments for and against judicial appointments versus election remain before that body. Our program remains relevant to the current discussion. A 2002 US Supreme Court ruling had opened the door to a practice previously prohibited by Minnesota’s Canon of Judicial Ethics. Judicial candidates therefore may no longer be prevented from expressing opinions on issues that may come before the bench, perhaps in the process revealing a bias in favor of one side or another well before the facts are in and a ruling issued. Many legal types see this as turning the entire judicial branch of government into an expensive, nasty politically driven court system. Others insist that traditional elections open debate to reveal bias and make the judiciary more accountable. Former GOVERNOR AL QUIE is spearheading a drive to create a state Constitutional amendment advocates believe addresses both impartiality and electoral accountability – retention elections. TTT’s Andy Driscoll and Lynnell Mickelsen talk with Governor Quie and others about the pluses and minuses of a system that would place only previously incumbent judges before voters, but not directly elect newcomers. GUESTS: • FORMER GOVERNOR AL QUIE, Co-Chair, Minnesotans for Impartial Courts • STATE SEN. ANN REST, Chair, State and Local Government Operations and Oversight Committee; Chief Author, Retention Elections bill • PETER NICKITAS, Attorney and member, National Lawyers Guild-MN • MARK CHRONISTER, Director, Minnesotans for Impartial Courts

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