SENATE BILL: Judicial Term Length Amendment (Failed)

[Redalgo]

I support Senator Scott's amendment proposal for this quite strongly.

[Redalgo]

Actions of the judiciary are inherently political, and interpretations of the law subjective in their correctness. Though it is convenient for us to think of judges as being impartial, they like all the rest of us are vulnerable to a wide array of biases and prejudices. It is an inescapable aspect of the human condition. To be clear, I don't want to see the court filled with hacks, but terms provide for us a means to encourage accountability to the general public, provide opportunities for government to reappraise which people are best qualified for the posts, and ensure those who serve on the bench are of the highest degree of competency, approach their duties with an excellent work ethic, and are culturally representative of the masses.

Will the process be flawed and to one extent or another politicized? Probably. But the process already in place is quite vulnerable to becoming that way as well, and in my humble opinion is prone to concentrating too much power for too long a time into the hands of certain individuals. That is not to suggest I would oppose any renewal of the commissions served by honorable Justice Ebowed or his colleagues. But there may come a day at some point down the road where it honestly seems the court would benefit from some new blood, so to speak. Surely this is not an unreasonable check to place on the power of the courts, no?

[Redalgo]

Wouldn't the phrasing, "A Supreme Court Justice's term shall last one year or until the Justice decides to retire," basically translate into, "A Supreme Court Justice's term shall end whenever the Justice wants," in practice, or is this simply confusion on my part from ambiguous language?

Respectfully, I also do not see the point of having a lapse between re-appointments be so very long (two years). Personally, I think four months would suffice unless we intend to have each seat up to be filled at exactly the same time every cycle.

[Redalgo]

To repeat my concern from earlier since nobody seemed to notice, I cannot support the amendment until the language in Section I, Subsection 6 is addressed. There is nothing yet there to specify a justice cannot serve for as long as he or she wants before resigning instead of honoring the two-year limit of their term.

[Redalgo]

Aye