Overhaul of judicial elections

Incumbent judges must stand for

re-election every six years, but few actually face opponents on the ballot. Rep. Mike Beard (R-Shakopee) sponsors a bill that would give Minnesotans the option to vote any incumbent judge out of office.

Beard sponsors HF1666 that would propose a constitutional amendment to overhaul state judicial elections. Under its provisions, Minnesotans would be asked to vote on whether to move to a “retention election” system. In this system, judges are initially appointed by the governor and then face an election in which voters can cast a “yes” or “no” vote in favor of retaining them.

The House Government Operations and Elections Committee held an informational hearing on the bill May 10. No action was taken. There is no Senate companion.

The idea behind retention elections is to make sure that judges do not run unopposed year after year. Beard said it’s a complaint he receives frequently from constituents.

“The overwhelming question I received was, ‘Who are these people? Who should I vote for? Why don’t they have any opponents?’” he said.

The bill would also establish a nonpartisan Judicial Performance Commission to help the public evaluate judges’ actions on the bench. Former Minnesota Supreme Court Chief Justice Kathleen Blatz said shedding light on judges’ performance would encourage public faith in the judicial branch.

“The very lifeblood of our judiciary is the public’s confidence,” she said.

Supporters say retention elections would also help prevent the state from moving in the direction of partisan judicial elections. They argue doing so will curb the influence of special interests and political parties on court decisions.

Not everyone agrees. Chris Penwell, an attorney and former Republican-endorsed candidate for district judge, said people have a right to know where judicial candidates stand on issues that are important to them. He said efforts to keep party designations out of elections ignore the fact that different candidates espouse different beliefs.

“My position is that people have a right to know it, because it’s the reality,” Penwell said.

Tenth District Judge Susan Miles, president of the Minnesota District Judges Association, testified in opposition to the bill. She said campaigns to oppose a judge’s retention can be just as ugly and expensive as partisan judicial contests.

“Retention elections are not a panacea for keeping big money … out of elections,” Miles said.