The popular election of Judges is unconscionable

[cthulu2016]

To me, the election of judges is always a sure sign of a backward political system. The independence of the judiciary is hard enough to maintain without electioneering. And judges are not supposed to represent the will of the people. That's the whole point of the judiciary... the law isn't supposed to be merely whatever 50.1% of Joe Twelve-packs think.

Case in point... why should any citizen have to have her case heard by Gary Kreep? (Yup. His real name.)



This guy may well have been elected California District 34’s new judge.

Gary Kreep... is very close to winning a seat on San Diego County Superior Court.

As of this morning, with 100 percent of precincts reporting but 135,000 absentee / provisional ballots still to be counted, Kreep has a little more than 50 votes more his opponent, Deputy District Attorney Garland Peed.

The current tally: Kreep with 147,739 and Peed with 147,683.

http://www.sdcitybeat.com/sandiego/blog-930-birther-attorney-in-the-lead-for-judge-seat.html

And why is that a problem?

A new birther infomercial running on a CBS affiliate in Texas and elsewhere around the country tells viewers a “got a birth certificate?” bumper sticker can be theirs for the low price of $30.

The 28-minute program — quite possibly the first ever birthermercial — features community access production values, heavy use of foreboding strings soundtrack, and standard-issue Birther ideology.

For a $30 contribution, viewers also get a fax sent in their name to the 50 state attorneys general and Attorney General Eric Holder demanding that President Obama produce his real birth certificate.

One of the men behind the infomercial is attorney Gary Kreep, executive director of the Ramona, CA-based Birther group United States Justice Foundation. He told TPMmuckraker in an interview today that the initial buy was for two and half weeks at TV stations around the country, and he’s now looking into a second round buy. He says he’ll give us a list of stations playing the infomercial.

http://tpmmuckraker.talkingpointsmemo.com/2009/09/as_seen_on_tv_birthermercial_asks_where_was_obama.php

[GarroHorus]

1. At least he isn't in the de Vattel wing of birtherism

He only believes Obama was born in Kenya. He doesn't push the notion that one must have two citizen parents in order to be a natural born citizen.

So he's nuts, but he's not as batshit crazy as 95% of birthers. I know that's not saying much, but I'm trying to find a silver lining here...

Oh who am I kidding. He's batshit crazy and is likely to hear a birther case and declare Obama to not be a natural born citizen out of hand.

[elleng]

2. Kreep and Peed!

What a combo!
(I agree with your point.)

[cthulu2016]

3. I thought the same thing...

I went, how the hell does a guy named Gary Kreep win an election?

Then I saw he was running against Garland Peed.

[cali]

10. I went to an OBGYN practice where the docs were Hole & Peck.

[Blue Owl]

4. He's special... so fucking special...

He's a Kreep...
He's a Weirdo...
What the hell is he doing there?
He don't belong here.

[cthulu2016]

6. Very nice (and he does have a radio in his head)

[Taitertots]

5. OK, who is going to pick them?

The politicians? That is even less independent than picking them in elections.

[cthulu2016]

8. history disagrees somewhat

I cannot see that appointed judges are less independent. The idea of tenure for life is that they never have to answer to anyone, and that has been a good thing at least as often as not. We cannot look at the current right wing Supreme Court as the whole story.

Yes, the independent judiciary is often a pain. Ask FDR, or anyone in 1850. But most bad supreme court decisions are things that had popular support anyway. (A popular vote would have interned the Japanese in a minute, and we know Congress couldn't get rid of slavery in the era of Dredd Scott because they didn't)

But if justices were elected many rights we take for granted today probably wouldn't exist in many states. What elected court would have legalized abortion nationally in the early 1970s? Desegregated schools nationally in 1955?

The entire incorporation of the 14th Amendment, applying the Bill of Rights to the states, was a miracle and something that could never have gotten through any Senate.

The period from the 1950s-1970s saw case after case where the SCOTUS did things that were right, and in keeping with the Constitutional ideals of society, but that were impossible to get politically. Loving v. Virginia, Griswold v. Ct, all the first amendment cases... like no prayer in schools. How was that going to happen legislatively?

The appointed judiciary is capable of ills, as are all branches, but is the only institution capable of doing very unpopular things. And in this country being really unpopular is often the side of the angels.

[Taitertots]

13. Isn't that just playing Monday morning Quarterback...

Because it is impossible to go back in time and find out what would have happened.

Correct me if I'm wrong but wasn't Dread Scott freed by an elected State judge before being returned to slavery by the appointed supreme court? Dread Scott and all African Americans would remain slaves until being emancipated by elected leaders. The Supreme Court upheld many of the worst forms of systemic bigotry.

For the record, I think people should be able to serve life terms in the Supreme court. I think it would be better if they were elected, as opposed to appointed. Do you trust the people or politicians to make better choices regarding who should be on the supreme court?

[NYC Liberal]

16. The people elect the politicians, and they have to be trusted on some level or

there's no point in having them at all. At least with elected officials making the choices, there are specific people who can be held accountable and whose jobs are potentially on the line with bad choices. If The People elect a bad judge for life, who can be held accountable for that?

Most people don't or won't think long term; there are no immediate consequences to making a bad decision when voting for an idiot to a life-long position, even if they might be affected years down the road by a ruling.

Before you say elections are bought or rigged: if that's the case then elections for judges would be no different anyway.

[cali]

9. here's how it works in my state- and it works pretty well.

http://www.judicialselection.us/judicial_selection/index.cfm?state=VT

[cthulu2016]

12. (Though having the nation's most liberal electorate doesn't hurt)

The Vermont system looks okay... as long as the legislature has some respect for law.

[Taitertots]

14. Why do you think it is fair to have judges picked by political appointees and lawyers?

Where do you think they get the people for the judicial review board?

[nadinbrzezinski]

7. and there were good candidates too

but not for that seat. And you know what? The two good candidates did not get much more ahead... even though they were highly qualified.

This is why local elections matter.

And while I agree, bench should not be elected... this is why local elections matter.

[cali]

11. I've always thought it was plain nuts to have judges elected.

[cthulu2016]

15. The TV ads must be a treat

How could you ever overturn a conviction and be reelected?

[Turbineguy]

17. Those poor idiots who voted for him

are going to find out how expensive their judicial system will be when every case goes to appeal.