No Tears Shed for Justice Moore

[Michael MASINTER]

Folks who vote for a judge do not demonstrate that they disagree with the
bar.  When Florida elected its supreme court judges, I always voted, not
because I thought direct election was good policy, but because it *was*
the policy.  Had I not voted, I would not have changed the policy; I would
just have surrendered my voice to those who did vote.

I have always thought that intensity of the opposition to an appointed
appellate judiciary had more to do with opposition to judicial review than
with retaining the franchise.  A few voices in the academy
notwithhstanding, judicial review is here to stay, so for those who oppose
it on principle, the best way around it is direct election of judges.

Michael R. Masinter                     3305 College Avenue
Nova Southeastern University            Fort Lauderdale, Fl. 33314
Shepard Broad Law Center                (954) 262-6151
masinter at nova.edu                       Chair, ACLU of Florida Legal Panel

On Wed, 8 Aug 2001, Truthserum wrote:

> Michael's observation, perhaps unintentionally, draws my attention to the
> tension that exists between lawyers and the people.  True, many lawyers
> would like to see an end to election of appellate (or all) judges.  Just as
> true, folks who vote for a judge demonstrate by the act that they disagree
> with the bar's view that the folks selecting the judges can't be trusted to
> act with propriety.
>
> Jim "First thing, let's disenfranchise all the people" Henderson
> Senior Counsel
> ACLJ
>
> -----Original Message-----
> From: Law & Religion issues for Law Academics
> [mailto:RELIGIONLAW at listserv.ucla.edu]On Behalf Of Michael MASINTER
> Sent: Wednesday, August 08, 2001 1:54 PM
> To: RELIGIONLAW at listserv.ucla.edu
> Subject: Re: No Tears Shed for Justice Moore
>
>
> I am amused by the suggestions that judge Moore acted out of some deep,
> justly felt sense of oppression.  Alabama elects its justices, and judge,
> now justice Moore, is first and foremost a politician who knows the value
> of press coverage in a largely invisible job.  He is this year's poster
> child in the bar's neverending effort to end popular election of appellate
> judges.
>
> Michael R. Masinter                     3305 College Avenue
> Nova Southeastern University            Fort Lauderdale, Fl. 33314
> Shepard Broad Law Center                (954) 262-6151
> masinter at nova.edu                       Chair, ACLU of Florida Legal Panel
>
>