House bill slashes number of civilians on Judicial Selection Commission, gives lawyers 8-4 majority.

A historic and ill-judged bill sent from the House sits on the Senate calendar. House Bill 5380 removes two seats on the Judicial Selection Commission from non-lawyers to lawyers. The bill changes the balance of the commission from six lawyers and six members who are not lawyers to eight lawyers and four non-lawyer members.

The commission, created by an amendment to the state’s constitution, has never had a majority of lawyers.

The original proposal changed the number of commission members to eleven members, nine of whom were required to be lawyers. An amendment offered on the floor of the House adjusted that to eight and four.

The bill adds new requirements to the JCS. It must explain in writing why an applicant was rejected and allow the rejected hopeful request a second hearing which shall be held within 30 days. The unhappy applicant shall have the right to be present during the rehearing.

The proposal also adds a requirement that nominees for those dozen seats on the commission must appear before the Judiciary Committee for approval. The Judiciary Committee is often home to aspiring judges.

A disappointed applicant appears to have found a way to transform his or her fury into law.

There are different and better changes to the operation of the Judicial Selection Commission that are not in the bill–but could be. Require legislators to disclose to the state’s ethics agency in a public acknowledgement that they have submitted an application to become a judge. Make the commission agendas public. There would be nothing wrong with making the meetings public.

Published May 8, 2024.