Monday, November 3, 2014

How To Get Your "Get Out Of Jail (Not) Free" Card

How To Get Your "Get Out Of Jail (Not) Free" Card

There are many aspects of Texas government that can use some improvements. The legislature only meets once every two years for 140 days. This is barely enough time to get anything done, and the only reason we have seen so many bills passed in recent years is the overwhelming Republican dominance of the legislature. When nobody is around to say no, it's pretty easy to vote yes. But one neglected area that is perhaps in the most dire need of reform is the judicial system.

Texas is one of eight states that have a partisan election process for judges. Other methods states employ are legislative elections, Governor appointments, and probably the best option, a nonpartisan commission. Texas' partisan election process means most judges have large campaign funds filled by interest groups and PACs. Even more horrifying, most of these donations do not have to be disclosed upon election and the contribution limit is completely voluntary. The judiciary is supposed to be a fair, nonpartisan entity equal all across the state. This process of running expensive campaigns means most owe large contributors undisclosed favors. This entirely defeats the purpose of a fair and equal judicial system. You should not be able to buy your way out of a sticky situation.

In 1995, Texas passed the Judicial Campaign Fairness Act, which limited the amount PACs and law firms could contribute to a judge's campaign. This  was a good first step, but more is needed to get money out of our judicial system. One way to help eliminate most of the bias out a judicial system is to form a nonpartisan commission. There are 20 states that employ some form of a commission to select judges already, and many consider this process to be the most fair and unbiased. This commission would, in theory use a merit based system to create a pool of judges for the Governor or legislature to pull from. The committee would select these judges based on their accolades, fairness, and commitment to be honest and equal across all party, gender, race, religious and class lines.

While this process will take time, and heaps and heaps of money will be spent in opposition to it, I believe it is possible in the long run. Eventually, people will realize that wealthier individuals and corporations are getting preferential treatment in the courts system and rise to the occasion. There will be challenges to creating this system, namely who is on the committee and how they are selected. But these small obstacles are nothing compared to finally reclaiming our fair, honest and nonpartisan judicial system.

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