By David Oscar Markus
Since we are in election season in Florida, and we have judges on the ballot, I've been thinking about this question again. There are, of course, plusses and minuses to both systems. One plus for elections and something I've noticed a lot recently -- state judges are by and large just nicer than federal judges and treat the lawyers better. I guess that's no surprise since they have to run for office. And that's generally true for state judges that end up on the federal bench even though they don't need to run again. Less robe-itis.
Speaking of state, gave you all been in the new state civil courthouse? It's pretty nice. I wonder if the criminal courthouse will ever get an upgrade. One crazy thing about the new state civil courthouse -- you can't bring in coffee. The only liquid you can bring in is in a bottle. So, elected judges in state court, can we fix that?
Sorry for the rambling stream of consciousness this morning.
What do you like -- elections or appointments?
The new courthouse is an architectural abomination. And a gigantic waste of money. In the age of Zoom hearings and internet filings, a new courthouse could have been built with 10% of the money actually spent with a reduction in the square footage by 90%. For what it's worth, the professionalism of the clerk's office is a vast improvement over what it used to be. And speaking about useless government buildings taking up space in the age of virtual reality, the Miami Dade public library, sitting next to the new courthouse, is useless. Finally, does anyone know what is planned for 73 West Flagler?
ReplyDeleteThe pros and cons of elections and appointments have been debated to death, and are generally well known. I do believe, however, that the appointment process through judicial nominating commissions -- consisting of applying, being interviewed and vetted by a committee composed of well-known lawyers and members of the community, and being sent to the executive for ultimate selection -- should tend, all things being equal, to produce "better" judges. I'd like to see it come back for the Southern District of Florida.
ReplyDeletestate judge elections are a farce. The public has no idea if the candidate is qualified or not. That's why we got Apone, who beat an experienced and respected Judge Tunis, and the girl who has never been in court and has 5 years out of law school in her Daddy's law office. Little Areces had no experience or success as a lawyer and Gamez is unqualified as he worked for the City of Miami. Candidates change their names to be Latin and that works for them. And there are other examples of incompetence attorneys winning elections and being an embarrassment on the bench despite the Chief Judge trying to put them where they can the least harm. An appointment system, even if it is political would eliminate the lawyers who cannot make a living in private practice from the bench. But don't hold your breath.
ReplyDelete"One plus for elections and something I've noticed a lot recently -- state judges are by and large just nicer than federal judges and treat the lawyers better."
ReplyDeleteSure, I guess.
But--hands down--I'd much rather be yelled at by mean, unaccountable judges than practice in a system where "nice" judges let deplorably unprofessional behavior (from lawyers AND litigants) go unchecked.
I don't just mean unethical or illegal behavior. The number of (mostly civil) trial lawyers who can barely string two written sentences together but then show up at hearings banging tables and misrepping case facts--intentionally or because they themselves don't know those facts.... so gross.
Judicial elections create trepidatious judges. Trepidatious judges are terrified to call out bad lawyering. Failing to call out (and correct) bad lawyering causes it to proliferate in a virtual race to the bottom.
We must be near the bottom already, right??? Please tell me we can't go deeper!!
Alright already! Did you think people would be more impressed with your vocabulary by using "trepidatious" twice?
DeleteI've never heard of a courthouse that lets you bring in coffee.
ReplyDeleteOur federal courthouses do. And every federal courthouse I've ever been to does. And Broward state courthouse does. I can't think of one that doesn't except here.
DeleteWhy can't we come up with a hybrid type of system? Perhaps the candidates could apply and be interviewed and vetted in order to get their name on a ballot where the public, and not the executive could then choose?
ReplyDeleteThis seems like an obvious compromise. I agree that it should not be one system or the other. A combination would work nicely.
DeleteNeither system is perfect. For every Rosie Aponte, Marcia Del Rey, Joseph Perkins and Adrian Camacho who gets elected, we also get Diane Ward, Milton Hirsch, Miguel De La O, Samatntha Ruiz-Cohen and Mary Barzee. For every Carlos Gamez, Jason Block, Robert Watson and Ariana Fajardo Orshan who is appointed, we have Lisa Walsh, Nushin Sayfie, Laura Gonzalez Marques and Thomas Rebull appointed.
ReplyDeleteI think I can tell who you think are good (on the right) and who are bad (on the left), but can you clarify?
DeleteHow could you forget Robert Luck and Rudy Ruiz!!!
ReplyDelete