Tuesday, February 21, 2006

Impartial Judges A Thing of the Past?

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Can a judge be elected because of his position on abortion or gay rights?

A local radio show, State of Affairs, talked last night about a 2002 Supreme Court decision that will affect Judicial elections in Kentucky and across the nation.

The decision in the case, The Republican Party of Minnesota vs. White, allows Judicial candidates to speak their mind on political issues while running for office. Because of the nature of the job, judges are typically expected to maintain an appearance of professional impartiality.

More than 150 judge positions are open for election in Kentucky this year. You have only to remember the confirmations of Alito and Roberts to realize how this politicization might play out on the electoral field. Campaign money will be flowing to judicial candidates with the "right" opinions.

This will be an interesting year.

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