Last night the Judicial Nominating Commission completed its work and selected a list of 5 candidates whom the Governor will interview in order to appoint one chief judge of Family Court, subject to Senate confirmation.
This gives the public two more opportunities for public input—to the Governor and then, after he appoints one candidate, to the Senate Judiciary Committee.
Because of the cases I have followed, I had concerns about all the candidates. My comments made me uncomfortable. I get no joy out of embarrassing people or being overly critical.
We heard the usual tributes, including some that were very moving. I did not speak in support of one candidate, but for whichever candidates might be most likely to reform the system. At least two had submitted plans.
The public needs an opportunity to reflect on all their proposals. Together the candidates represent 90 years of experience on the bench, and they have significant insights.
I came home and went online to search for states that have performance reviews of judges:
http://www.ncsconline.org/wc/CourTopics/statelinks.asp?id=46&topic=JudPer
I was surprised to find Rhode Island on that list, because a commission had been appointed in 1993 after scandal enveloped the Supreme Court. As far as I know, nothing came of their work; judicial review is not being practiced here.
At that time, the judge who is now Acting Chief Judge of Family Court opposed it, saying it would compromise judicial independence. But a good review process should help to ensure the independence of judges.
I think we need judicial review, especially in Family Court. Well-intentioned judges need reliable, anonymous feedback from lawyers and also from litigants.
Is there a candidate for chief judge who is able to imagine a pilot project to begin judicial review in Family Court? Could a similar method help litigants to evaluate lawyers anonymously?
I wonder if I got it wrong when I feared a “fix” was in for a judge who had been on the bench less than one year. My suspicion came from the last time a governor named a chief judge to Family Court and appointed his “best friend,” who had been a judge for barely a year. That person ran the court for 23 years.
Maybe I got it wrong.
Maybe the Commission had seen something they liked in that new judge, and it was not a political “fix” at all.
Last night, he appeared modest, without an entourage, no glad-handing, only his equally modest adult son to speak for him.
When he lost the vote, I thought, maybe there was no fix after all.
Maybe I got it wrong. Maybe he would have been a fine chief judge.
I woke up today wondering how it affects people who wear black robes and sit up high, fully expected to pass judgment on others.
How often do they wonder if they got it wrong?
