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Sunday, May 18, 2003

Judicial selection: Time for reform



Like some of his colleagues, Ohio's newest state Supreme Court justice, Terrence O'Donnell, was "elected" with one vote - the governor's. Justices who went through regular elections may wish they had been appointed, instead of being dragged through the mud of campaign attack ads that the candidates have no control over.

The system Ohio uses to place judges on its courts cries out for reform. "We do it about as badly as you can do it," Chief Justice Thomas Moyer said. He's been saying that for years, to little avail. In March, he convened a forum in Columbus to kick-start judicial reform. Ohioans ought to encourage the reform process - and thank Moyer for his persistence.

Among the reforms Moyer advocates: Lengthen judges' terms from six years to at least eight; raise the minimum qualifications to serve as a judge; compel independent campaign groups to disclose all contributors; abandon competitive election of judges for an appointive system.

We have reservations about that last reform - there are good reasons why voters should retain the power to elect judges - but we will wait for the proposals Moyer's group develops.

"Critical to this is the creation of a very diverse committee - maybe not even a majority of lawyers - to screen candidates and submit three names to the governor," Moyer said. The governor would appoint his choice, who would serve for two years, then go on the ballot unopposed in an up-or-down "retention" election.

Another aspect ripe for reform is how Ohio fills top judicial vacancies. When it became apparent that Justice Deborah Cook would be confirmed for the federal bench, Moyer called on Gov. Bob Taft to set a new precedent by appointing a broad-based, expert commission to identify top replacements. But Taft did it the traditional way - he simply appointed O'Donnell. There was no formal screening process outside the governor's staff, and no confirmation process. Sure, O'Donnell will have to face voters in 2004 to retain his seat for the rest of Cook's term, but the political reality is that an incumbent virtually never loses. O'Donnell appears to have been a good choice, but there's no guarantee that the next appointee will be.

Moyer would like to see a constitutional amendment regarding the selection of judges on the ballot by 2006. "The challenge is to develop a system under which everybody feels confident it is a level playing field," he said.

Whatever reforms Ohio adopts, we hope they help curtail the high-powered campaign attacks by unaccountable "stealth" groups that marred the 2000 and 2002 judicial elections. But the discussion is long overdue, and the time for judicial reform in Ohio clearly has come.