Readers of this blog are aware of this fundamental truth: I detest, hate, loathe the way we elect judges in Texas.
We elect them at every level on partisan ballots. The system stinks. It has resulted in good judges being tossed out of office only because they belong to the party that isn’t in power in the moment. Republican or Democrat. It doesn’t matter. The partisan election of judges sucks out loud, man!
There might be a change in the works. A legislative effort is underway to study how to bring a needed change. It is running into a major roadblock in the form of Texas Lt. Gov. Dan Patrick, who presides over the Texas Senate.
According to the Texas Tribune, Patrick is “skeptical” of potential changes in the way we choose our judges. He said something about Texans preferring to elect their judges. Well, duh! I get that. I am not totally on board with an appointment system. I want at the very least to see an election system that allows judges to run on non-partisan ballots.
A former state senator, Republican Bob Duncan, has been a longtime champion for reforming the election system. The Legislature has created a commission to study ways to repair the system. Duncan agrees with Patrick that there needs to be total buy-in if there’s going to be a change. If only the lieutenant governor would throw his support behind a judicial reform effort; Gov. Greg Abbott already has done so. We’ll have a new House speaker in the next session and my hope is that he or she will sign on, too.
I keep asking: What is the difference between Republican justice and Democratic justice? I cannot determine a partisan difference. There are differences in judicial philosophy that have nothing to do with partisan consideration. So why not forces judges to run on their judicial philosophy?
I used to argue for a reform that creates a judicial appointment system; it would require judges to run for “retention.” I don’t think that will happen in Texas. I am going to hold out some hope that Texas can find a way to change the judicial election system from a purely partisan effort to a non-partisan system.
It makes sense and in my view is going to deliver a better quality of judges who adjudicate justice on behalf of all of us.