Regardless of where you are on the political spectrum, you probably feel that some judges have crossed the line from enforcing the law to creating new law – legislating from the bench. Just as one persons’ special interest group is another persons’ advocacy group, one persons’ judge run amuck is another persons’ judge finally bringing long overdue justice.

Not surprisingly, there is some backlash to these actions and November’s election (nationwide) has quite a few judicial power ballot measures. Most of these have been initiated and supported by conservatives, who feel more strongly that the judicial system has been perverted to reflect the demands of ‘fringe” positions.

Ballot measures include…

A Colorado effort to be the nation’s first to impose term limits on top judges

South Dakota's effort would allow citizens to sue judges

Montana’s initiative is asking for the right to recall judges

Oregon would begin electing judge by district

California’s Prop 90 would move some parts of eminent domain conflicts away from judges and to juries

While it is virtually impossible for judges to not be viewed politically, I believe it is very dangerous to turn judges into politicians. Allowing them to be sued, recalled and having to campaign by district all point toward attempting to satisfy public opinion, rather than being able to independently interpret and enforce the law.

The dangers here are similar to those with direct democracy. The more subject elected officials – and now judges – are to fads, popular opinion and “moods”, the less likely they are to think about the future and making the right decision and the more likely they are to bend to the prevailing winds.

This country was founded on the principles of representative democracy and an independent judicial branch. Continued efforts to undermine both are extremely dangerous and should be reconsidered.