My good friend Dan Pero(husband of Colleen Pero, Justice Cliff Taylor's campaign manager), author of the American Courthouse blog, is President of the American Justice Partnership, an organization set up by the National Association of Manufacturers, former Michigan Governor John Engler President. Mr. Pero also served as Mr. Engler's gubernatorial campaign manager. Cliff Taylor's wife Lucille was Governor John Engler's chief legal adviser when Governor Engler appointed Cliff (a man without judicial experience of any kind) to the Michigan Court of Appeals in 1992 and again to the Michigan Supreme Court in 1998.
Mr. Pero, in his blog, has recently taken up the banner advocating the election of judges, and at the same time condemning any state's attempt to take politics out of the judicial selection process through systems of appointment by various state committees or boards. Mr. Pero collectively calls such schemes "merit selection". Any such system is simply wrong, says Mr. Pero, and fundamentally undemocratic. Let the people decide, says he.
As usual, American Courthouse trivializes complex issues with simple-minded, if any analysis.
Of course, the argument against merit selection simply ignores the federal judicial system, where no judges are elected, ever.
But, setting that aside, let's look at the system here in Michigan, where judges are elected. While in the state of Michigan, the judicial ballot is non-partisan, political parties nominate candidates for judicial office, though party affiliation never appears on the ballot. Incumbents, however, are so designated on the ballot. Fortunately for Cliff Taylor, the intervention of his wife's employer has allowed him to benefit from the "incumbent" designation whenever he has run for election. An electorate, who doesn't really know that much about what judges can do to their rights, seldom votes against an incumbent.
By the way, Clifford Taylor was appointed to both the Michigan Court of Appeals and the Michigan Supreme Court because state law allows the sitting Governor to fill judicial vacancies that occur between elections. It is my personal belief that Mr. Pero advocates the current system in Michigan as it appears to be a democratic system, allowing the voters to make the choice. However, the reality of the system is that most Appeals Court and Supreme Court judges achieve their position initially due to the patronage of a governor who appoints fellow party members to vacancies. More often than not, such appointees, like Cliff Taylor, have no previous trial court experience.
Now this system does apply equally to Democrat as well as Republican governors. Again, though it is my personal belief that Mr. Pero is all right with that. I suspect he believes, all other things being equal, that the more well funded gubernatorial campaign will stand a better chance of being successful that the campaign with less money to spend. And as the Republican party, backed by corporate, insurance company and Chamber of Commerce money, traditionally outspends the Democrats, Mr. Pero believes his party, the Rebpublican has a better than average chance of electing governors who will fill jucidicial vacancies with Republicans.
I can see both sides of the judicial election vs. merit selection debate, and I think there should be continued discussion of the way we select judges. However, here's a tip for Mr. Pero. In your defense of the system of judicial election, I wouldn't hold up the Michigan system or Cliff Taylor's ascension to the Supreme Court as an example vox populi. If not for the patronage of your boss, then Governor Engler, I suspect that Justice Taylor would still be Mr. Taylor, toiling away in his Lansing law office, and hoping, I would bet that an activist Supreme Court's decisions wouldn't have an adverse effect on his firm's hourly billings.
I voted AGAINST Cliff Taylor for two reasons:
1. The "Sleeping Judge" commercial and
2. The commercial showing him being endorsed by George Bush.
The "Sleeping Judge" with the other comments, Viz: Abuse of power investigation request, low performance rating while being on the bench, etc. were VERY effective. Keep this advertising account!!
Posted by: Ethlyn A. Rollocks | November 05, 2008 at 10:58 AM