ILNews

Blomquist: Valuing Our Judiciary

Back to TopCommentsE-mailPrintBookmark and Share

blomquist-ibaI am writing this President’s column in San Francisco at a meeting of the National Conference of Bar Presidents. Yes, there is an association of us, frightening though that may seem, yet I unapologetically say it is a good thing. This association helps bar leaders and executives analyze and confront the unique challenges we have as our legal worlds collide, whether it be defining (and paying for) the ideal legal education in 2013, triaging the challenges of our underfunded courts, the changing professional landscape for today’s (and tomorrow’s) practitioners or the very real access to justice issues apparent by the increasing percentage of individuals and businesses who just cannot afford to hire a lawyer anymore to solve their problems.

For example: one panel I attended at this conference was about the continued politicizing of the judiciary in this country and the literal backlash against judicial officers because of the decisions they make. As if judges’ interpretations of the law should be subject to political approval; as if their jobs depended on their towing the party line.

Lest you think this is not possible, think again. In 2009, a unanimous Iowa Supreme Court struck down that state’s law limiting marriage to heterosexual couples only.1 Subsequently in 2010, three of those justices up for retention were defeated – the result of an unprecedented attack on the merit selection process saying it is wholly undemocratic, and that judges’ legal opinions should mirror the opinions of the general public. Regardless of what you think of the issue of same sex marriage, to me it is abhorrent that our judicial officers can literally be removed from the bench because their interpretation of the law is not in alignment with prevailing public opinion.

This is not just an issue in Iowa. At least nine other states including Indiana have considered measures in their most recent legislative sessions that would significantly modify or even eliminate the “merit” selection system as it stands, resigning judicial selection to political influence over qualifications.

However, here in Indianapolis at the IndyBar, we are staying the course and not wavering from our longstanding position in favor of merit selection. We will continue to support our members on the bench by responding to unfair judicial criticism. Likewise, we support limits on political contributions and a transparency in reporting. We oppose slating fees that give the appearance of impropriety and subsequently put our judges unnecessarily at risk.

As recently as last month, the full IndyBar Board of Directors approved the proposed Model Rule Guidelines which were formulated by the Attorneys for an Independent Bench (AIB) Committee earlier this summer under the superb leadership of AIB Committee Co-Chairs and Past Presidents John Kautzman and Kevin McGoff. Visit www.indybar.org to view the proposed guidelines.

This Bar will continue to serve its members, who in overwhelming numbers support Merit Selection and the Rule of Law unfettered by political persuasion. As Alexander Hamilton outlined in the Federalist Papers, it is the judiciary’s unique power to be able to render government action unconstitutional, even if it may be popular. Absent this power of independence, there are no sufficient checks and balances against unconstitutional government action. Absent this power of independence, judges are just politicians in black robes.•

1 Varnum v. Brien
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

ADVERTISEMENT