Judicial litmus test

Picking the next 47th District judge well might be a pro forma procedure for three political leaders, the Republican chairmen of Randall, Potter and Armstrong counties.

It was explained to me this afternoon by one of them:

The party chairmen are going to interview all the candidates for the judge’s seat. They are seeking to replace the late Hal Miner, who died in March. The chairmen will choose one of the candidates, or they might recommend two or more of them. They’ll send the name or names to Gov. Rick Perry’s office. The governor then will have the final say on who gets picked.

OK, suppose the best candidate of all time also happens to have been a supporter of Sen. Kay Bailey Hutchison, who lost to Perry in the bitter GOP primary for governor. Well, that candidate — who could be the second coming of John Marshall — would be passed over. Why? This person did not support Perry in the primary.

So, the appointment of next 47th District judge will fall on the governor’s shoulders. The party chairmen have been hamstrung in their search for the best candidate possible for this critical job. They’re limiting their search only to Perry supporters, rather than being able to find the best possible candidate for the job.

I asked this chairman if the political realities create a litmus test for judicial candidates — you know, the kind of thing that politicians say they never apply. He didn’t deny it.

He also then said that a Hutchison supporter who doesn’t stand a chance of getting the appointment can run for the office in four years.

But until then, political loyalty matters more than judicial qualifications or philosophy in selecting someone for this critical state district judgeship.

What a shame.