Private judges in public primary

By Debbie Irmen (Contact) | The Daily Journal

Published Monday, September 8, 2008

Gildea

Following a 2005 U.S. Supreme Court ruling, how Minnesota justices are chosen is being challenged, with the fear being judge campaigns could turn into multi-million dollar, mud-slinging campaigns like those seen in national political elections.

But it is important judges keep their personal views out of the courtroom, said Justice Paul Anderson, who was in Fergus Falls recently.

“Even though we can, we shouldn’t campaign politically,” he said. “You don’t hire judges for their agenda. (Justices) are charged with finding the law and applying it to cases as determined by the State Constitution. People want a fair, impartial decision.”

Anderson

So far, Minnesota has been above the problems experienced in other states, said Supreme Court Justice Lorie Skjerven Gildea, who spoke in Fergus Falls recently about the challenges of the ruling. She and others worry that allowing justices to campaign politically will negatively impact the judicial process.

She cited a Wisconsin justice who lost the seat after a $6 million campaign was waged in which about $5 million was spent by special interest groups. The justice didn’t lose because of any competency issues, she said.

The problem with such campaigns, Gildea said, is it brings into question a Supreme Court justice’s impartiality.

“Justices have an obligation to modify their behavior so people don’t wonder about our bias,” she said.

Anderson agreed.

“Once you bring partisan politics into the mix, you bring into question (a judge’s) impartiality. Judges should be beholden to the law.”

Gildea was appointed three years ago to Seat 4 on Minnesota’s highest court and is being challenged by three candidates for the seat. The primary election Tuesday will whittle the field to two, who will then run in the general election in November.

If elected in the November election, Gildea will serve a six-year term, then stand for election again.

Also running for reelection to Minnesota’s Supreme Court Seat 3 is Justice Paul Anderson. He is being challenged primarily by Tim Tingelstad for his seat on the high court.

Presently, Justices are chosen on a merit system by the Judicial Selection Commission, comprised of members of the state bar association and citizens at large, which recommends several finalists to the governor after reviewing detailed biographies, as well as conducting exhaustive research on each candidate, contacting references — both as provided as well as others — and each candidate’s qualifications. The governor then conducts interviews with the finalists and makes his selection.

According to Minnesota law, appointed Supreme Court judges must run in the first election that occurs after their first full year on the bench. There is no political party designation and no endorsements, which changed with the U.S. Supreme Court ruling.

This process of selecting judges has worked well for the 158 years Minnesota has operated under this system, according Richard Pemberton, a local attorney who was appointed to the commission in 1991, and on which he still serves. It’s a system that has earned Minnesota a national reputation for fairness, competence and integrity.

Minnesota has a strong history of good judiciary service, according to Gildea, citing a survey which ranked the state second in fairness, and third in impartiality, and is fifth as the state most cited for precedent.

“We rank so high because of the care in how we pick our judges,” she said.

Among their duties, justices determine which cases to hear — about 700 cases are sent to the judges for their review. Of the 700, of which they select about 140 annually based on statewide importance, constitutional significance and as the case applies to state statute. An additional 40 cases are heard as they pertain to first degree murder appeals, tax court and workers compensation.

Justices also have administrative duties which are divided among the seven justices.

Voters interested in learning about a particular judge’s competency on the bench may Google the state bar association, the Minnesota Chamber of Commerce, or the League of Women Voters, Gildea said.

“I’d advise people to research the issues and get involved in the discussion,” she said. “Watch the proceedings at the courtroom at the Capitol – they are public – we meet the first week of the month. As taxpayers, you’re paying, you might as well watch.”

For more information on the qualifications of Justices Anderson and Gildea, visit www.justicepaulanderson.org or www.justiceloriegildea.com.

For more information on judicial selection and the changes as determined by the U.S. Supreme Court ruling, Google the Quie Commission Report and the Republican Party v. White.