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January/February 2008

PRESIDENT'S MESSAGE


By Tommy Proctor
W. Thomas Proctor PC

Informed Perspectives on Judicial Races

This issue of The Houston Lawyer contains a compendium of articles that give us an opportunity to learn and reflect about some of our community’s legal history. Hopefully, you will find the stories interesting, enlightening, and some may even make you feel proud; or not. What an interesting, and perhaps historic, time we are living in at this very moment. Whatever your political persuasion, there certainly are historic dynamics at work on the national political stage. Locally, we have what I suggest are historic dynamics at work on our judicial election stage.

 I remember the elections in the early 80’s when there were many changes on the benches in our county from one election to the next, clearly as a result of the politics of the up-ballot races. One season the Democrats, another the Republicans. It seemed like a game of musical chairs. The qualifications of the particular candidates in any given race were most often unknown by the vast majority of those casting ballots. Surprising? Not particularly. Understandable? Probably. Unfortunate? Certainly.

It is my suspicion we may be facing the largest number of contested judicial races in our history this primary and general election cycle. The likelihood of an electorate who knows nothing about the candidates is greater than ever. Of course, the rule of law depends upon an independent judiciary, but it also requires a qualified judiciary. It would be naïve not to recognize politics plays a part in any electoral process. However, regardless of one’s politics, we can all agree that legal competency, a good judicial demeanor and a commitment to the rule of law enhances our ability to maintain a judicial system noted for fairness and integrity, and in which our citizens have confidence.

If our experiences are similar, throughout our years as lawyers, our non-lawyer friends have commanded our input on all matters legal. Our particularly diligent voting friends, clients and neighbors may have sought our counsel to assist in casting their judicial ballots. It can be argued we as lawyers have a special obligation to be informed about our courts, our judges and the candidates who wish to replace them. What else are or should we be doing to help inform the public? Lawyers should get involved in the process because it is so important to our profession and our society.

One thing we do at the Houston Bar Association is to conduct our judicial qualification and preference polls and disseminate the results to our membership and the media. It has been a resource trumpeted by those who receive good reviews and criticized by those who do not.  Is it perfect? No. We review comments and concerns each year in an effort to improve upon its reliability and its fairness. Is it the solution to educating the public? No. Does it help? I believe so, but I also believe we as individual lawyers can and should do more. Lawyers should get involved in the process because it is so important to our profession and our society.

We frequently talk about the rule of law and its place at the very foundation of our society. I have railed along with many others about a variety of assaults on the rule of law and our judicial system in our recent history. For me, this is a different discussion. This is not only about special interests or political agendas. It is more about the fundamentals of our system of electing our judges. If we are to have a credible vote with an increased likelihood of electing the best candidate for the job, the voters need to be informed. I urge you to learn what you can about the candidates and help communicate an informed lawyer’s perspective in whatever manner you choose. Our community needs your help.

 


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