Count me in the dwindling few who still like for judges at all levels in Arkansas to stand in front of the voters for election.
I know, I know, there have been rumors, innuendo, gossip and even legitimate newspaper accounts of judicial candidates being bankrolled by big corporate interests. Some judges have, according to published reports, have been financially propped up by law firms who have had inordinate success with winning lucrative settlements and decisions in our courts.
What is one to do?
Well for me, when in doubt, I go back to the Constitution -- the Arkansas Constitution that is.
Our state laws framed by that Constitution, clearly call for the election of the judiciary.
From the local municipal judge who (by a recent vote of the people) are now called District Judges to the seven individuals who comprise the Arkansas State Supreme Court.
For one, I like to get to meet the men and women who are the protectors of our laws -- the black letter of those laws -- on the campaign trail.
Others, mostly on the side of appointment of these judges, disagree.
But I fall back on the election of judges by the people -- rather than the appointment of judges by a panel or individual.
Maybe a little history lesson on the state's highest court is in order.
In 1836, Arkansas became the 25th state admitted to the union. Its first constitution created a supreme court composed of three judges including one styled Chief Justice, and directed that the judges be elected by the Arkansas General Assembly. (So were the United States Senators back then, but that later changed.)
The state's current constitution, ratified in 1874, likewise initially provided for three supreme court judges, but also authorized the Arkansas General Assembly to increase the number of judges to five, if it deemed necessary, when the state population amounted to one million.
In 1924, the Constitution was amended to allow the General Assembly to increase the number of judges to seven should it thereafter become necessary. By Act 205 of 1925, the number increased to seven judges, whose terms began Jan. 1, 1927.
And seven is the number at present -- six justices and one Chief justice.
Several times since 1927 things have changed on the court, but the most recent sweeping changes were in July, 2001, as the judicial article of the Arkansas constitution was rewritten by Amendment 80. Judicial power is vested in the Judicial Department of state government, consisting of a Supreme Court and other courts established by the Constitution.
Amendment 80, describes the qualifications for an Arkansas Supreme Court justice:
• A justice of the Supreme Court shall be a licensed attorney for at least eight years immediately preceding the date of assuming office.
• The justices of the Supreme Court shall be elected by the qualified electors of the State and shall serve eight-year terms.
And the seven Arkansas Supreme Court justices are elected in statewide non-partisan races, and serve staggered terms, so that it is unlikely all members of the court would be replaced in one election. In the event a member of the court fails to serve the entire term of office, the vacancy shall be filled by appointment by the governor of Arkansas.
I've seen a sitting Circuit Judge or two in my lifetime turned out by voters -- a rarity.
I've seen a judge or two removed for doing some stupid and non-judicial like behaviors.
I've seen some uncomfortable judicial candidates out stumping for votes in an election year.
I've seen some justices who seem to like the campaigning for office and fundraising more than the serious side of being a judge.
And I've met a few who certainly didn't get my vote.
That's why I want to continue to vote on judges in Arkansas.
-- Maylon Rice is a former journalist who worked for several northwest Arkansas publications. He can be reached via email at [email protected]. The opinions expressed are those of the author.
Editorial on 02/03/2016