A judicial retention election bill is likely to resurface in the 2014 legislative session. A coalition of supporters that includes former Minnesota Supreme Court Chief Justice Eric Magnuson, the Minnesota Chamber of Commerce and the AFL-CIO has been working to build momentum behind the idea.
Under the proposal, judges would stand for re-election not against an opponent, but against their own record. Voters would chose to “retain” the judge or have an independent panel recommend a new set of candidates to the governor for appointment. An independent panel would be set up to review a judge’s tenure and then make public a guide to voters.
In order to change the system, voters would need to approve a constitutional amendment on the ballot. If a bill is approved next session, the amendment could be on the ballot by November 2014.
Supporters say the change to a retention system is the only way to keep bitterly partisan politics out of the judicial branch. Similar bills have been debated for many years and stalled out.
A recent report concluded that outside interest groups spent at record levels in the 2011-2012 judicial election cycle. Independent groups spent $15.4 million on judicial races during those two years, which drove a record $33.7 million in television advertising in those contests.
“I do think that continues to be a big risk for Minnesota. It would only take one election when that occurred for us really not be able to go to a retention election system after that,” said Sen. Ann Rest, DFL-New Hope, the author of the proposal in the Senate. “Once people know they can buy a judicial election, it’s going to be very hard to say sorry, they are not for sale.”
Source: http://minnlawyer.com/minnlawyerblog/2013/11/12/judicial-retention-bill-likely-to-resurface-in-2014/
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