There is nobility in the idea that Mississippians would want to elect judges on a non-partisan basis. The idea that justice has an either Republican or Democrat leaning should be disturbing.
The idea is noble, mind you. But since the 1994 reforms that gave us non-partisan judicial elections, the idea of non-partisan races is all well and good, but the practice is that visible, identifiable partisanship in how we choose judges has never really left the field of political battle.
Folks who tend to vote Republican have found a way to learn the identity of judicial candidates who are favored by Republicans, and the same has been true for Democrat voters seeking to back Democratic judicial candidates.
With a bill to make judicial races openly and honestly partisan comes House Speaker Pro Tempore Greg Snowden. His argument makes sense.
State law dictating non-partisan judicial elections have been obeyed only to the extent of the old “wink and nudge” as partisans on both side regularly ignored the law by identifying their choices and funding their campaigns.
Need evidence? In December, Mississippi Court of Appeals Judge Ceola James blamed Democratic U.S. Rep. Bennie Thompson for her loss in a re-election bid on Nov. 8.
James lost by more than 20,000 votes to challenger Latrice Westbrook — who defeated James 57 percent to 43 percent.
James claimed in a lawsuit she filed against Thompson and Westbrook that her challenger “willfully and unlawfully” formed an alliance with Thompson that led to Westbrook’s victory.
The defeated judge accused Thompson in the lawsuit of circulating a sample or “false ballot” that contained Westbrook's name only. James said the ballot constituted “an alignment sheet” for voters.
The law that James is accusing Westbrook and Thompson of violating is the one that requires “non-partisan” judicial elections. Whether Democrat or Republican, when judicial candidates receive support from political figures who are themselves declared partisans, the cat is pretty much out of the bag.
Republicans like Gov. Phil Bryant have openly supported judicial candidates. Democratic public officials like Thompson have done the same thing. Snowden’s bill simply sets aside the charade for a law that reflects actual behavior.
Mississippi’s laws do not preclude partisans from expressing support for judicial candidates. The laws do preclude judicial candidates from labeling themselves as members of a particularly party.
Since the state’s first constitution in 1817, Mississippians have been arguing over whether to appoint or elect judges. In 1832, a constitutional convention fight erupted between three groups — the “aristocrats” who favored the appointment of all judges, the “half hogs” who wanted to elect some judges and have others appointed, and the “whole hogs” who wanted all judges elected.
History shows that the whole hogs won in 1832. Of the state’s 545 judges, only municipal judges are appointed.
