Tim's Web Log #3
Thoughts and opinions of an opinionated person

Tue, 24 Oct 2006

Measure 40 -- Appeal Court Judges by District
Measure 40 would change the way Oregon elects its Supreme Court and Court of Appeals justices. Today, Court of Appeals and Supreme Court positions are elected statewide. If 40 passes, these positions would be elected on a district basis, and there would be a residency requirements to run in a specific district.

The theory, apparently, is that the current system ends up electing judges mostly from the most populous (and hence urban) parts of the state, in the Willamette Valley, and folks in the rural areas are supposed to be upset about it. Frankly, I find that argument insulting. Unlike legislators, judges are supposed to be basing their opinions on the law, not on what "the folks back home" talk about over eggs and bacon down at the diner. Theoretically, a judge from Lakeview would make the same basic decisions as a judge from Eugene.

Why should it be a surprise that most judges come from the most populous areas? Statistically speaking, that is exactly what you would expect. Further, most judges are lawyers, and most attorney jobs are going to be in the urban areas.

By enforcing these district restrictions, we are effectively saying that we don't want the best candidates for these positions if they happen to live in the wrong spot. This is a Bad Idea.

No on measure 40.



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