By J. Lyn Carl, GalleryWatch.com
Austin, TX – Describing judicial elections in Texas as "partisan, high-dollar, high pitched" election campaigns, Sen. Robert Duncan (R-Lubbock) today brought his SJR 33 to the Senate floor in an attempt to change that. The resolution provides for a constitutional amendment election that would allow the voters of Texas to decide if they want to change the way Texas elects its judges.
Passage of the legislation would allow Texans to vote on a change to the state Constitution that would allow for the appointment to fill vacancies in certain judicial offices and for nonpartisan retention elections for those offices.
Duncan noted that Texas is one of only four states that still elects its judges by popular vote and noted that during the last Texas Supreme Court election alone, some $20 million in funding was pumped into those races.
The legislation affects the Texas Supreme Court, the Texas courts of criminal appeals, the Texas courts of appeals and Texas district courts. It does not, he said, affect local county courts-at-law.
Sen. Florence Shapiro (R-Plano) told Duncan his goal is a "noble one" - to remove corruption from the judicial system. But she added, however, that Duncan's legislation "is not necessarily going to answer those problems." Her issue, she said, is that citizens deserve the right to vote - not only for their legislators, their congressmen and their county officials - but also for their judges, and the Duncan legislation "strips that fundamental right from the citizens of Texas."
Shapiro noted that the judicial system is corrupted by the elections themselves. She said removing citizens from the judicial selection process would only add to the corruption and would be putting responsibility for choosing judges "into the hands of a very small group."
Addressing retention elections, Shapiro said she has heard very few success stories of retention elections, but what she has heard is that 99 percent who stand for retention elections get re-elected. She said 70 percent of all judges go unopposed and the proposal Duncan offers would increase that to 100 percent. "The election of one can hardly be considered an election," she said. Taking away the right of Texas citizens to vote in judicial elections will create voter apathy, she said, adding, "Apathy is detrimental to the democratic system." Therefore, said the Plano Republican, an elected system is better because nothing in a retention system addresses corruption or politics.
"The fundamental difference is that the voters have a voice in the election process," said Shapiro and "with retention elections, their voice is lost" to interest groups. "It is ironic we are here in this esteemed body...and are considering casting a vote to strip this very right from people across the state of Texas."
Quoting the Constitution, Shapiro read, "All political power is inherent in the people. All free governments are founded on their authority and instituted for their benefit." She said making these positions appointments and not allowing the people to vote on candidates takes away the voting public's inherent right.
Duncan said surveys show that the people of Texas would like to vote on the issue. He said they are tired of the stigma that justice is for sale in Texas. He said they have a right to debate the issue.
Shapiro responded saying the reality is that media reports some years ago about justice being for sale in Texas is old news and is something that has not happened in Texas for years. She said Duncan's legislation will result in "trading one problem for another."
Sen. Bill Ratliff (R-Mount Pleasant) said he believes the legislation would provide "the best course for this state."
"While local voters may get to vote for a judge, those who are impacted by the judge's decision do not. Judges have to be free to make unpopular decisions if they are going to protect the rights of the minority," he said.
If judges are appointed, said Sen. Bob Deuell (R-Greenville), the state likely will see more qualified judges on the bench. He said some highly qualified candidates don't seek election because they don't want to subject themselves and their families to the scrutiny that comes with an election campaign. He said allowing the voters to decide, "is a valid point."
Sen. Eddie Lucio (D-Brownsville) noted that all appointments by the governor are subject to Senate approval, which is a "strong tradition" in the Senate and leads to greater involvement in the process. He said as a result, he listens very carefully to what constituents about qualifications of those nominated and thus appointments would be carefully scrutinized.
The bill was engrossed but held on third reading by Duncan.