Apr 5, 2013

Scott Walker Says He'll Fill Judge Vacancies upon Judges' Promise Not to Seek Election

Wisconsin Constitution - "For each circuit there shall be chosen by the
qualified electors thereof one or more circuit judges as prescribed by law
Walker singles out Dane County voters again for not voting as he instructs. Naked display of ignorance and a tantrum from a governor not fit for office

Scott Walker still does not get it.

Granted, Walker is distracted jetting around the country again posing as a 2016 presidential candidate, while avoiding public mention of his promise of 250,000 jobs by the end of his first term.

Yet, Walker expounded yesterday on his childish comments that because two of his three appointments to the Dane County bench were rejected by voters, this means he may not fill judicial vacancies in this one county.

Dane County voters are not doing as Scott Walker instructs them to do.

So, to edify our governor, let's point to the Wisconsin Constitution, Article VII. Judiciary (Section 7. [Circuit court: election.]:

For each circuit there shall be chosen by the qualified electors thereof one or more circuit judges as prescribed by law. Circuit judges shall be elected for 6-year terms and shall reside in the circuit from which elected.
It is the right of voters to decide to elect judicial appointees; this is what happens in a democracy.

For the further education of Gov. Walker on the matter of judicial vacancies in Wisconsin:

SECTION 9. [Judicial elections, vacancies.] When a vacancy occurs in the office of justice of the supreme court or judge of any court of record, the vacancy shall be filled by appointment by the governor, which shall continue until a successor is elected and qualified.
Now, Walker said he may, as reported by Mary Spicuzza today, "name retired judges or lawyers to fill vacancies in heavily Democratic Dane County, (only) with the understanding that his appointees would not seek election to the position."

Spicuzza quotes Walker, saying he knows Dane County jurists so well only jurists not in their right mind will apply for vacant judgeships: "The reason I said that wasn't out of spite. It's just simple. Nobody in their right mind is going to accept an appointment in Dane County. It's the only county that's unique in that situation. Because why would they leave their position — no matter where they're at, be it public or private service — to take on that, only to turn around and seemingly be automatic that they weren't going to win the next election."

Dane County Judge Frank Remington was appointed by Scott Walker in 2011 and ran unopposed last year. But Walker does not mention Judge Remington.

In Walker's math two of three of his appointments' losing means "automatic." And I can assure readers Judge Remington is quite sane, and is in his "right mind."

In any event, to repeat it is the right of voters to decide to elect judicial appointees or not; this is what happens in Wisconsin democracy. And it is a constitutional thing.

As for Dane County jurists, this is news to Scott Walker, but there are plenty of public-minded, rule-of-law jurists who will apply for judgeships when vacancies occur out of a sense of public service that eludes Scott Walker's consciousness.

Many jurists serve and honor the bench because of their dedication to the rule of law, not dedication to winning the next election.

Scott Walker will never understand that.

No comments:

Post a Comment