The Maui news. [volume] (Wailuku, Maui, H.I.) 1900-current, 1922-04-25
POLITICS AND THE COURTS

Excellent and well timed advice is contained in a headline which
read keep politics out of court, womans plea" although the head
writer had in mind only the court of domestic relations in Honolulu
which was referred to in the remarks of Miss Mary Cation before
the territorial conference of welfare workers. The adomniion would
be better were it said Keep the courts out of politics"
In no institution or department Of the government is it so inn
portant that the public shall have full confidence than the judiciary,
the courts and the Judges that are to administer the law and justice
and equity under the law. Equally there is no branch of the gov
eminent that is losing public confidence as are the courts. That is
one Of the dangerous symptoms of the times.
1t has not been an cdifying sight to see the party central com
mittee suggesting nominees for judgcships recently here as if they
were political jobs to be distributed among faithful party workers.
For the bar association to suggest prospective judges is a different
matter. It's members are supposed best to know who are the ablest
and best fitted of their associates. 1t is no compliment to the attor-
ney who is endorsed by a party organization and it beittles the dig
nifty Of the office when it is given. Even when the bar association
endorses its members should be certain their choice is made in ac-
cordance with the highest ethics Of their profession and that mat
tiers eXtraneous to ability be kept out.
The standing of a candidate for a judgeship in his community,
the respect and esteem in which he is held, his abilities as recognized
by his neighbors and his brother attorneys, these should be the
elements to be considered in appointments. Political leaders are
not the best judges of these points and they are apt to be swayed by
the party usefulness a man has shown, his ability to "deiver the
votes" When that view is taken and a judgeship is regarded as
a political job, the public can be expected to entertain no high re-
gard for the judges nor the courts in which they preside.
The judiciary has not the confidence in which it was formerly
held as is witnessed by the recall Of judge" made possible in num-
bers of the inland states. Too often is heard the bitter assertion
that the courts are maintained only for the rich and the powerful.
That is the sentiment which results in a citizen taking the Claw in
his own hands,
If party organizations are to influence appointments to the bench
the element of party utility enters at once into suggested appoint
ments. A judge is supposed to keep hands off from politics when he
attains the bench but if political usefulness is to be a requisite to
the tenure of office he cannot be expected to do Sc.
1t is perfectly proper that on the expiration of a term as judge
a new appointment should be made of a person fitted for the office.
1t Is desirable that the term should be a lengthy one in order that
outside influences may not affect the dispensing Of the law. 1t is
perfectly proper that there should be power of removal in case of
malfeasance or lack of competence.
The ideal condition is for a judgeship to come to an attorney
and counselor as a crown to an honorable career in his profession,
when he has achieved success in practice at the bar and attained
the qualities that make for an eminent judge. Such a man has the
confidence and will have the support of the community. SO it is
best that elections or appointments be of men from the community
and no. from the outside as has been the custom in Democratic ad-
ministrations.
Naturally party affiliations will enter into appointments here
in Hawaii especially but the attitude that has lately been manifest
ed when bar association and party organization have run counter to
each other, of the party committee having anything to say as to
judiciary appointments will make the masses regard a iudgeship as
nothing better than a political plum.