Merit-Based Selection Of Judges Shot Down Measure Sought To Have Governor, Not Voters, Fill Seats On Bench

A good “beauty contest” is better than yanking the public’s ability to elect Idaho judges, House members argued Wednesday.

The House killed an attempt to change the way Idaho Supreme Court justices, district court judges and appeals court judges are selected.

The measure, which sought to change the state constitution and required voter approval, would have allowed the governor to pick judges based on nominations from a nonpartisan judicial council. Voters then would vote to retain the selected judge or justice after they serve a term.

The bill’s sponsor, Rep. Celia Gould, R-Buhl, said the meritbased selection process would prevent the “beauty contest” elections used to seat judges.

Because law prohibits justices from discussing issues and philosophical stances during campaigns, voters have little information on which to base their decisions, Gould said.

But lawmakers strangled the attempt after arguing that it erodes the democratic election process.

“This measure is an insult to the voting public,” Rep. Mark Stubbs, R-Twin Falls, said. Stubbs, an attorney, added that the “clubby” law community pushed the bill because the current election process makes it almost impossible for lawyers to run against incumbent judges.

“We’re taking power away from the people and giving it to attorneys,” Rep. Jeff Alltus, R-Hayden, said. “I think that’s a real bad mistake.”

Gary Moncrief, a Boise State University political science professor, said the bill wouldn’t take rights away from voters and that people would see few changes in the process.

Idaho magistrate judges are selected by the governor and judicial council.

“The fact of the matter is the system tends to work like that anyway,” Moncrief said.

Supporters contended that judicial council would select more qualified judges than voters.

But Moncrief said he is unaware of any political science studies that prove this point.

Both sides agree that the current election process hasn’t created any problems.

, DataTimes