The classic film “Miracle On 34th Street” was on yesterday. I have never seen it from start to finish before, but I am familiar enough with the story to appreciate most references to it. What surprised me was the clear articulation it presents against the popular election of judges.
At one point in the film Fred from “I Love Lucy” is in the judge’s chambers alone with the judge who is presiding over the case against Santa Clause, a case that will determine whether or not Santa is real. During the scene Fred tells the judge that if he rules against Santa Clause then kids won’t hang their stockings, and if kids don’t hang their stockings then toys won’t be made, and if toys aren’t made then toy manufacturers will have to lay-off their workers, and if workers are laid-off then the unions will come after the judge and he’ll lose re-election. The workers are described as union people and that means “the CIO and the AF of L” (this was before the merger) will work against the judge’s re-election.
Judges need to remain independent. They need to rule on the facts of the case, without passion or prejudice. They shouldn’t have to worry about a labor union coming after them based on a ruling.
The real problem with having judges stand for popular election like politicians is the mindless sample ballot. Voters, who are not qualified to begin with to asses the complicated merits behind judicial rulings, would show up at the polls to vote based the on party-line sample ballots. There is nothing stopping local political parties from standing outside the polls to pass out a sample ballot with party endorsements. Judges will be treated the same way as political candidates and that’s just wrong.
Here in Virginia we don’t elect our judges at the polls. We have a much better system of judicial appointment through the General Assembly. It is a complicated process of elected officials, the Bar Association, retired judges, and attorneys. The process works.
The only way to keep the judiciary independent and removed from partisan bickering is by not asking the general population to cast a vote for a judge based on the instructions found on their partisan party approved sample ballot.
Oh, and if you are wondering how the judge in “Miracle On 34th Street” ruled, you’ll have to see the movie as we won’t spoil the ending. You should know it’s a Christmas movie and kids will probably be in the room when its on, so we feel obligated to tell you that you don’t need to worry about anything. Merry Christmas.
