Evening star., 1932-03-31
JUDICIAL ELECTION
SYSTEM ASSAlED
Law Professor Says Judges
Cannot Be Impartial and
Still Be Politicians.
BY ANDREW A. BRUCE,

~ fNANDnLO n. nNONEs
'Professor of Law, Northwestern University.'
CHICAGO. March s1.-Though North
Dakota finally has surrendered to the
insidious lure of the primary election
system, It has still maintained a large
measure of popular respect for its
judiciary. This has been the case not
merely because Of the intelligence of
its people, but because its constitution,
its customs and its statutory enact
ments have tended to take political
temptation from the pathway Of the
judge.
Whether we have constitutional pro-
visions or not in other States, the force
Of popular opinion should demand that
no judge shall be candidate for any
other ofice while occupying a seat
upon the bench.
Illinois Supreme. Circuit and Su-
perior courts are from one to three
years behind their calendars. Chicagos
Municipal Court is so overburdened
with work that many Of its cases are
rushed through with a lightning like,
almost a disgraceful, rapidity.
100000 Gases in Year.
This, perhaps, is unavoidable. as the
yearly calendar of the court includes
over 100000 civil and quasi-criminal
cases and there are only SO judges to
dispose of the work. Delays and hur-
ried and ill-considered justice, whether
in civil or criminal matters, all tend
toward diSrespect of the law and TO
anarchy
But there is even a deeper reason
for the North Dakota rule. 1t is both
hard and debasing for a judge to go
through any political campaign or
primary even for his own reelection
to the judicial Office. 1t is extremely
difficult for him TO retain his self-re-
spect and his independence when sub
jected to such campaigns. Above all,
it is difficult for him to retain the re-
spect Of the public at large, both for
himself and for his judicial ONCE.
How can Judge ask men and inter-
ests and factions to work for him at
election time when he knows that dur
ing his term Of office, perhaps during
the next week, month or year, many OF
these very persons, interests and fac
tions will have law suits in his court
which presumably he must pass upon
and decide with absolute impartiality?
Federal Courts Cited.
Even if he is absolutely honest and
determined to be impartial, how can he
make those who have opposed him at
election time believe it If he decides
against them in a subsequent law suit?
How can he ever be relieved from the
constant pressure Of those who have
worked for him and aided him and
consider him under obligation? The
Judge should have no friends; should
make no promises.
Perhaps 1t will be a long time before
we can avoid those defects in our judi
cial elective system. AS long as we have
an elective judiciary and judicial pri-
maries they will be here to confront u.s.
Perhaps it will be long time before we
can have an appointive judiciary in
State courts. such as we have in the
Federal.
We can, however, do something. We
can, by the force of public opinion if
by no other means, keep our judges
from running for non-judicial Offices
The trouble with our people Is that they
have not yet realized the Importance
Of the judiciary in our governmental
system and the proper function Of the
judge.
No man can serve two masters at the
same time. He cannot be impartial and
independent and beg for votes. He can
not be both judge and politician.
(Copyrisht, 1892, by the North American
Newspaper Alliance, Incl