This year’s election proved that our votes can make a difference and that our democracy can function correctly. But it also highlighted the ongoing debate questioning the prudence of electing judges.
For example, Charlotte elected Bill Belk as a district court judge, ousting five-year incumbent Ben Thalheimer.
The election went smoothly, except that Belk has never practiced law in court other than as a litigant of his own cases.
In North Carolina, judges races are nonpartisan. Candidates are not supposed to push a particular political agenda and or make specific promises to the electorate.
This is the role of legislators — not judges — as the representatives of the people.
Judges are merely stewards of the law. Their job is to interpret the law, and they must have a solid understanding of it.
But North Carolina’s practice of having the electorate choose judges risks elevating unqualified judges to powerful positions.
Because of the low visibility of judicial races, many voters haven’t even heard the names of the candidates before entering the voting booth.
Further, in North Carolina, candidates are listed in alphabetical — not randomized — order.
These two factors contribute to a phenomenon known as “donkey voting,” when a voter simply chooses for the highest placed candidate.
And even the most well intentioned and educated voters might not be qualified to make a decision.
Without considerable knowledge of law, citizens cannot be expected to determine which candidate has the experience and temperament necessary to adequately preside in a courtroom.
It’s time that we revamp our process of choosing judges.
Many states have embraced a method known as the “Missouri Plan,” in which three applicants are chosen by a lawyer-dominated commission.
These three names are submitted to the governor, who has 60 days to select one. If the governor does not select one of these names within 60 days, the committee will make the selection.
After the judge has served one year, he must stand a “retention election,” in which the voters decide whether or not they approve of the job the judge is doing. The judge simply needs a majority vote.
This system would provide much more oversight and would limit the influence that uninformed voters have on the placement of judges.
Let’s use some common sense and stop electing judges.
Stop electing judges
Published: Sunday, November 30, 2008
Updated: Sunday, November 30, 2008







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