Introduction:
As a member of this committee it has been an honor to explore some of the concerns revolving around the judicial selection process in this Great State of Oregon. Oregon’s above average voter participations is an example of just how important democracy is to the individuals of the state. The committee has been asked to examine the nonpartisan judicial election process and to determine whether or not the non-partisan judicial selection has become increasingly partisan and more polarized. Both of which have serious consequences if unchecked periodically. As was said By James Madison in his writing of The Federalist No. 51, “It is of great importance in a republic not only to guard …show more content…
There are also a few small tax courts and trial courts, but for this recommendation we want to focus on the three courts mentioned. Judiciary nonpartisan elections have been occurring in Oregon since 1931. Gubernatorial appointment is the method for filling interim vacancies within the courts. The governor makes the decision without senate approval with the exception in Circuit Court vacancies. The Oregon State Bar creates a preference poll in that circuit and information is then given to the Governor whom makes the final appointment. The appointed interim may run for retention election as an incumbent in the next general election.
Herein, lies the first faultiness in Oregon’s judicial selection process. According to Oregon Secretary of State, approximately eighty five percent of recent Oregon judges have been appointed and less than twenty percent of Gubernatorial appointments are being contested. Since 1983, there have been only two judges that were defeated in contested elections. (Yamaka)
This fact in itself raises many concerns regarding our judicial process and warrants this recommendation. We know from a political phenomenon called “the axiom of eighty” that eighty percent of the voters prefer to elect judges. As well as, eighty percent of voters do not know who is running for judicial vacancies. And even more alarming is the eighty percent of adults that do not vote for judges …show more content…
Given the current economic state of Oregon, each branch of government should be encouraged to take necessary cost savings measures, as long as the integrity of the court or accountability of judges is not jeopardized. This can be done by eliminating elections at the Court of Appeals and the Supreme Court levels and implementing an appointment system. The current framework of the judicial system creates voter redundancy. By this I mean, voters have to revote for judges and justices after the people had already voted them in at the different levels in the judicial branch. I propose the only elections for judges and Justices at the Court of Appeals and Supreme Court level should come from retention