Editorial Article Last Updated: 02/23/2008 05:28:35 AM EST
Saturday, February 23
While a case can be made for introducing term limits to state judgeships, a reasonable case cannot be made for electing judges to office. With one of the periodic discussions about judgeships percolating in the state, nothing should be done to jeopardize the independence of judges that is the foundation of their role in the legal system. As judges begin a lobbying campaign for pay raises, and with the decisions of judges emerging as fodder in the Republican presidential campaign, judges are again a subject of discussion in political and legal circles. State judges received a 15 percent pay hike two years ago after five years of stagnant wages, but they are still ranked 45th among the states in compensation. That said, it is difficult to justify a hike in salary with the state struggling economically and with so many residents making far less than the average $130,000 a year that judges receive in salary. Massachusetts is one of only three states to appoint judges for life, though it does enforce a mandatory retirement age of 70. No employee in the private sector escapes evaluation, so why should judges not be subjected to oversight or periodic review? Judges hold the fate of defendants in their hands, and they should at least be able to demonstrate that they remain mentally competent and up on case law. Judges can be removed through legislative impeachment or by the governor with consent of the governor's council, but these procedures are cumbersome and rarely used, as is appropriate. A review procedure might prod judges into maintaining their skills without resorting to efforts to toss them from their positions.
During the Republican presidential campaign, erstwhile candidate Mitt Romney, showing off his newly adopted right wing credentials, demanded the resignation of a Superior Court judge he appointed because she released on personal recognizance a convict who left the state and murdered a couple in Washington. That the judge could make no other decision because prosecutors had not demonstrated that the convict was a risk to flee made no difference to Mr. Romney, who was only searching for campaign red meat. This incident and a couple of recent ones that were less dramatic have prompted renewed assertions that judges should be accountable to voters. What judges should be required to do is explain decisions to residents so they will understand the rationale behind their decisions. However, requiring judges to pander to voters to keep their jobs will deprive them of their independence and compromise our legal system.
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