Ellman weighs in on judicial elections

04/03/2008

Ellman weighs in on judicial elections 
Ira Ellman 
Professor Ira Ellman
     A dispute between the judicial and legislative branches of government in Arizona over the selection of judges is confirmation that the system of checks and balances works, Ira Ellman, a professor at the Sandra Day O'Connor College of Law, told The Arizona Republic .
     In an article published on March 17, titled "Arizona voters may have say in who sits on the bench," reporter Scott Wong said a bill in the state legislature would require judges in Maricopa and Pima counties to be elected by the people, as they are in Arizona's 13 rural counties. Currently, judges in Maricopa and Pima counties are nominated by a non-partisan commission, then appointed by the governor.
    Arizona Supreme Court Justice Ruth McGregor, who is among those opposed to the bill, said a majority of the public believes that judges accepting campaign contributions from lawyers and others appearing before them affects their rulings. "This is so harmful  to our traditional view of an impartial judiciary," said McGregor, a 1974 alumna of the College of Law.
     The bill is supported by, among others, Maricopa County Sheriff Joe Arpaio, who said, "It's an insult to judges to say they can't separate their campaigns from their rulings."
     Ellman said such dissention is "an intentional tension created by our system of government. It is not a defect in our system; it's an advantage. It creates this tension, and that purposefully is an antidote to tyranny. It's part of the genius of the American political system." 
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