State Senators call for appointing top judges

By GAZETTE STAFF AND ASSOCIATED PRESS   Saturday, July 2, 2011
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— Two veteran state senators think voters should not elect the state’s top judges anymore.

Democratic Sen. Tim Cullen of Janesville and Republican Sen. Dale Schultz of Richland Center are proposing a merit-based selection system to replace elections for both the Supreme Court and Court of Appeals.

The move would require a constitutional amendment that the Legislature would have to approve in two consecutive legislative sessions. Then, voters would have to ratify it.

Gov. Scott Walker’s press secretary, Cullen Werwie, declined to comment on the proposal Friday.

The proposal would create a judicial selection commission established by the Legislature. The commission would recommend five candidates to the governor, who would appoint one, subject to the Senate’s consent.

The senators said in a news release that they are not reacting to the recent incident in which two Supreme Court justices got into some kind of physical scuffle.

“We drafted this amendment because both of us are concerned about the way third-party special interests have poured millions of dollars into Supreme Court races in order to get their preferred candidate elected,” Cullen said in the news release. “We have been talking about this since at least April, when we requested research from the Legislative Council on how other states select Supreme Court justices.”

Schultz said appointing justices and appellate judges would “deal a devastating blow to the influence of third-party special interests who pour millions of dollars into campaign ads that distort the records of the candidates, mislead the public and unfairly tarnish the reputations of the candidates.”

The senators quote a Legislative Council memo that says about 22 states have established nominating commissions through constitutional provisions, while another 10 have done so through statutes or executive orders.

The senators plan to introduce their bill in September.

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(18)
jv93
Jul 6, 2011 at 12:44 a.m.
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Here's the chuckleheads in their own words.

http://www.wiseye.org/videoplayer/vp.htm...

jv93
Jul 3, 2011 at 6:42 p.m.
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billnewbie, good post

JohnWicket
Jul 3, 2011 at 5:05 p.m.
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I think I just entered a political Twilight Zone, I find myself agreeing with RAF! The price of a democracy is high, the cost of tyranny higher. Dictators know that elections are not cheap, we need to continue voting as often as we still can.

retiredautoguy
Jul 3, 2011 at 12:46 p.m.
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I guess sen. Cullen (yes, I used a small "s") figures enough time time has passed for him to resurface from his IL "hideyhole" to purpose something he knows will never pass, so he will get air or tv facetime.

billnewbie
Jul 3, 2011 at 12:29 p.m.
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Next, I suppose, Sen. Cullen will suggest that this "meritorious" pool of prospective judges consist of candidates that are completely apolitical, as if that were possible.

I wonder, who will decide which of all the prospective justices in the state have enough merit to be a high-level justice? Apparently, Sen. Cullen doesn't trust the voters with this lofty task. He apparently believes only the elite, such as himself, are able to perform this duty correctly. But if that's true, then why stop with Justices? Why don't we have some committee of elitists decide who should be Governor, who should be Senator, who should be President? If the voters can't be trusted for the job due to the influence of TV and radio commercials, printed adds and phone call blitzes, then are only an elite hierarchy, a ruling political class, worthy and fit to have any voice in our government? Is that what we want?

Sorry Sen. Cullen, but an elite committee is no more likely to be insulated from undue influence than are the general public. In fact, when that kind of power is concentrated into the hands of a few, as your proposal suggests, corrupting the process becomes easier, not more difficult.

Besides, elitists appointing people to such powerful positions instead of having them elected is not what democracy looks like. It's not what a republic looks like either.

Here's an alternative. Instead of 10 year terms, how about 4 year terms, or even 2 year terms. Let these justices face their employers, the people, and answer to them a little more frequently.

As for the current mess in the Supreme Court, I think that not only should Justices Prosser and Walsh-Bradley resign, but Chief Justice Abrahamson should also go. She's supposed to lead the court. It's obvious that she's not up to the task. It's also becoming obvious that Justice Abrahamson isn't just a bystander in the absurdities, but an active participant, perhaps even an instigator.

youkillme
Jul 3, 2011 at 12:11 p.m.
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Yeah, why have three liberals on the court when you could have none? Why not have a panel appoint legislators too. Afterall, they are influenced by third-party interests and the contentiousness of the legislature is just as extreme if not worse. If these senators were serious about removing undue influence, they would advocate for publicly funded campaigns - not remove the ballot box. What is wrong with Tim Cullen?

commonsense123
Jul 3, 2011 at 11:43 a.m.
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This proposal is trying to eliminate/reduce the influence of "3rd party special interest" in judicial elections by eliminating elections. What I get is the senators think as voters we are not capable of making decisions so they will do it for us. I agree with RAF that it would not change the "contentiousness of the judiciary". As jvl93 said, it would slow the process down and potentially leave a seat unfilled as in many circuit courts now as the congress likes to deny any President their appointees. I see no reason WI legislature would be any different. My choice may not win an election, but I would much prefer leaving some decisions in the hands of those who will take the time to vote. We won't have any more fraud so elections will be best. I think the legislature and Governor have plenty of items to make decisions about. Let's not add to their already full "to do list".

garyprimer
Jul 3, 2011 at 10:38 a.m.
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RAF, that is absolutely right.
Why are they even having this conversation?
The party in power always gains by appointment.
What is not political about that?

Third_Eye
Jul 3, 2011 at 9:59 a.m.
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It is only after losing a judicial election that democrats like Senator Jim Cullen call for a change.
It seems that Senator Cullen does not like the voting public and has taken every opportunity to nullify their votes, including running away to Illinos to prevent the implementation of the voters wishes.
Calling for appointed judges is just one of the ways liberals, like Senator Cullen, show contempt for voters. Recounts, recalls and obstruction are some of the others.
.
In a Poll being conducted by GazettExtra the present tally shows a 79%-21% vote in favor of elected judges.
Again Senator Cullen goes against the grain.

RetiredAirForce
Jul 3, 2011 at 9:54 a.m.
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What is interesting in this discussion, there are some to include politicians, that think by having an appointment system vs the current system will remove the contentiousness of the judiciary. These same people fail to look at the current divisions in the us supreme court and us circuit courts; both appointment based. Pretending changing appointment systems from elections to merit based will change this is absurd.

unclesmoothie
Jul 3, 2011 at 7:36 a.m.
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C'mon! It's the same way we get U.S. Supreme Court Justices. Why not let the governor put in his buddies just like the president does?

smallBIZowner
Jul 3, 2011 at 4:24 a.m.
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Right when we need LESS government we have lame-brained ideas like this popping-up. Maybe we should just build a clocktower so Cullen and his gypsy comrads can stay in our state and do their jobs they are paid to do.

scoobydo
Jul 3, 2011 at 12:51 a.m.
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Yup, that's right, good ol' boys...why don't you just throw the whole electoral process out the window while you're at it. We don't need no stinkin' democracy.

jv93
Jul 3, 2011 at 12:28 a.m.
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My comments go for Schultz as well. He at least ought to know better.

jv93
Jul 3, 2011 at 12:26 a.m.
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Yeah, lets remove politics from judicial appointments by letting the assembly identify candidates and the governor select then seek approval from the senate? This removes politics how? I can make a prediction about how this will go...badly and slowly and oh...slowly. Nobody would ever make it through. I love Cullen's implicit reasoning here: The electorate is so dumb they cannot possibly be trusted to elect judges so better let his cronies and him in the government do that for us!

riverrat006
Jul 2, 2011 at 6:51 p.m.
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Send Cullen back to Illinois--I find the saying that he is a senior mover and shaker--the guy owns a comapny that feeds at the public trough and he and his family depend on government money.
I want a justice I choose not some hack from Madison!

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