Wednesday, November 21, 2007

No sanction of judge's speech

The N.C. Judicial Standards Commission has no plans to sanction a state appeals court judge for urging voters to support a judge based on how he might vote in a case he’s sure will come up.
N.C. Court of Appeals Judge Doug McCullough told a Haywood County audience earlier this fall it ought to support a Supreme Court justice who would make sure Democrats don’t get away with gerrymandering after the next legislative redistricting process. While judges are allowed by judicial canons to speak to audiences and to discuss issues, they’re not supposed to talk about upcoming cases. And McCullough said in his comments that there’s likely to be a redistricting case.
The N&O reports that Judicial Standards Commission chairman Paul Ross said the commission made “an effort to ensure such conduct is not repeated.” Here's a link:
Sounds about right. While the state purports to have an elective process for judges, judicial candidates’ ability to campaign and attract votes often has to turn on such warm, fuzzy, non-issues as honesty, integrity and a good civic record. Candidates who want to talk about what they’d do in office run right up against the canon against discussing how they’d vote on a case. That’s why a lot of folks – Republicans and Democrats – support a different way of choosing judges: appoint them on merit and then let voters decide periodically whether to retain them.
The candidate McCullough urged voters to support, by the way, is Supreme Court Justice Bob Edmunds. McCullough did Edmunds no favor in predicting how he’d vote on a redistricting case. Judges are supposed to be impartial and judge each case on its merits, and that matches Edmunds’ reputation since his days as U.S. Attorney in North Carolina’s Middle District. He’s known as a smart, fair, independent judge.

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