With the possible exception of the United States Supreme Court, judges seem to be a popular group of people – or at least those who hold court on television.
There are some half-dozen “Judge” television shows on the airwaves, some of which have been there for a long time, and most of which are growing in popularity. While the scenes played out on the courtroom sets bear little resemblance to real-life courtroom procedures, it makes for good entertainment when two parties air their grievances before a judge who, after hearing them out, usually tells both that they are idiots, and awards a judgment to the least guilty of the two.
While these programs are intended for entertainment, their popularity indicates an interest on the part of the public in the very important role of the judiciary in our system of government. The judiciary not only interprets the Constitutions, statutes and regulations of our nation and state, but they apply the vast body of common law that has evolved from recorded judicial decisions over hundreds of years in the United States and England.
These proceedings are carried out in actual courtrooms in virtually every town in America, and they involve real disputes between real people with lawyers who vigorously represent the interests of their clients. The judiciary is America’s arbitrator; it is a symbol of the extent to which we have become civilized in the settlement of our disputes, and it is unfortunate that, rather than watch a contrived show on television, more people don’t go down to their local District or Circuit Courts and watch real justice being dispensed.
Judges in Arkansas are selected by a vote of the people, unlike some states in which judges are appointed. The election of judges can be risky, because there are rules that prohibit judges from taking positions on issues that might come before them if they are elected, and thereby prejudge a case.
Consequently, judges can’t answer questions from the public about their beliefs on controversial issues or current events, which reduces what a candidate for judicial office may talk about in a campaign to what the candidate believes to be his or her qualifications for the office. As a result, the news media and the public pay little attention to candidates for judicial office, and frequently those with common or recognizable names get elected, even though they may not be the most qualified.
While one can argue which court in our judicial system is the most important, there can be no argument that, over time, the decisions made by the Arkansas Supreme Court have the most enduring and widespread effect upon the greatest number of people.
For this reason, it is vitally important that we elect men and women to that court who have the knowledge, wisdom, temperament and experience to make decisions that are proper, not only for the immediate parties to the lawsuit, but also that will serve as precedent for future disputes involving different parties but similar facts.
In this election year, two of the seven positions on the Arkansas Supreme Court have been vacated and are to be filled. Two candidates – Court of Appeals Judge Courtney Henry of Fayetteville, and Circuit Judge John Fogleman of Marion — are running for one of the positions. Three candidates – Court of Appeals Judge Karen Baker of Clinton, Circuit Judge Tim Fox of Little Rock, and attorney Evelyn Moorehead of Little Rock – are running for the other position.
Tomorrow, the people of Cleburne County have a rare opportunity to meet most, if not all of those candidates, to hear them discuss their qualifications and why they believe they should be elected to the Court, and to judge for themselves which of those candidates should be elected. And, if you have a concern about the way that the justice system is being run, you can make your feelings known and ask questions, as the Arkansas Supreme Court has administrative control over all courts in the state.
The candidates will appear at a meeting tomorrow sponsored by the Cleburne County Democratic Women’s Association, to be held at City Hall, beginning at 10 o’clock. Those of you who are not Democrats should not be deterred from attending the meeting, because candidates for judicial office in Arkansas run on a non-partisan basis, and there shouldn’t be any partisan politics discussed.
In a democracy, the electorate has a responsibility to educate themselves on the candidates and the issues before voting. Due to the restraints on judicial candidates, this is one of the few opportunities that the voters of Cleburne County will have to determine who should be making the decisions on the Arkansas Supreme Court that will affect all of us in the future. I urge you to attend.
(Richard Mays, a Heber Springs attorney and environmentalist, offers a liberal viewpoint on politics and social issues in each Friday’s edition)
Heber Springs, Ark. —
