The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1917-08-12

I in his office, and even if the present
| system is continued, candidates seeking
| judicial positions must wait until the peo-
| pie have declared that the sitting judge
| is unsatisfactory and shall not be re-
| tanned
| The campaign rivalry and unseemly
| contests between judges on the bench
and candidates for their position, which
under our system has done SO much
| to impair the integrity and independ-
ance of the judiciary and to lower the
standard of the judicial office, would be
ended. lawyers reputation Is largely
local The qualities which make sue
cessful advocate and attract public at
: tention are not necessarily those quail
| ties which equip lawyer for judicial
office. If it is difficult for the bar, then
how much more difficult is it for the
/ public at large to make a wise and dis
eliminating choice between candidates
| for judicial positions. The judge on the
| bench should not be retired unless his
| services are unsatisfactory and until the
| people determine by an election that sole
question. he should not be forced to en-
| ter into competitive contest to retain
| his seat The mass of the people by
whom the judges are elected in these COM
petitive contests are confessedly ignorant
of the fitness or unfitness of the candi-
dates but they can readily decide wheth
er the sitting judge has been satisfac
, tory ana SnOulu be retained.
CANDIDATES FOR JUDGESHIPS
| With the ease and rapidity with which
licenses to practice law can be ground
out in Alabama, it is folly to suppose
that every lawyer who seeks judicial po-
sition is qualified to discharge the duties
of the office Many are practicing law
whose legal learning would not entitle
tine to license where strict examinations
were required. In every judicial election
there are candidats utterly untitled, both
by reason of moral character and legal
knowledge, to hold judicial office. and
yet under our primary system they may
possess those very qualifications which
win success in contested election before
the people. The state bar of Mississippi
recently proposed plan for unified
court in that state, based on the prin-
ciples already discussed and their draft
of the proposed law for statewide
judicial system contained very novel
and seemingly appropriate remedy for
the evil mentioned. Section 10 of the
proposed law provides that before any
person not heretofore having been a
Justice or judge may become a candidate
for any judicial office or for appoint
ment to the same, he must be examined
by the judicial council under such gem
eral rules as it may adopt, ~ upon his
moral fitness, CD upon his administrative
and executive fitness, and (3) upon his
legal learning, and must have procured
a certificate of qualification upon such
examination. After having procured such
certificate. he is thereafter considefed as
qualified to enter judicial race.
RETIREMENT OF JUDGES
Under the present constitution, judge
can only be removed from office by i'm
parchment. If the judges are to be APP
pointed by the chief justice, as sug-
gested by the American Society of Judi
cature then there should be some other
simpler method of removal from office
The plan suggested by the Mississippi
bar Is worthy of consideration. 1t pro-
vides that judge or justice may be re-
moved at any time by impeachment by a
two-thirds vote of each branch of the
legislature and that any circuit or county
judge may be removed by at least five
seventies vote of the judicial council for
inefficiency, incompetency, or neglect of
duty or conduct unbecoming a judge.
The adoption then of the plan for one
great court of which all courts of the
state are branches or divisions. according
70 the model law drafted by the Ameri-
can Society of Judicature. and the rec
concentrations OF the English judicature
commission. would unquestionably give
Alabama the best judicial structure OF
any state In the union. 1t would not
only save the state many hundreds of
thousands Of dollars by reducing the ex-
penses Of the judiciary ons-half but