Dialogue needed to improve Ohio's judicial system



Thomas J. Moyer, chief justice of the Ohio Supreme Court, is clearly alarmed at the proliferation of soft money attack ads that have been aired during the last two Supreme Court elections, and he wants to do something about it.
To that end, he is calling for a one-day forum in January bringing together judges and legislators, lawyers, labor leaders, business groups -- the people have been most involved in or most affected by the sometimes-vicious campaigns of recent years.
Moyer says there will be no preconceived outcome from the meeting other than to arrive at some method of improving on the system. The surest way of eliminating overwrought or simply deceptive advertising from Supreme Court races is to eliminate the races -- to amend the Ohio Constitution so that Supreme Court justices and possibly state court of appeals judges are appointed, not elected.
The knee-jerk reaction to that is that it is somehow un-American to give up the vote. Well, yes ... and no. Under the U.S. Constitution, federal judges and justices aren't elected. And in many states judges are appointed, sometimes with a referendum on whether they should be retained after they've served a number of years.
Insight from LWV poll
A poll conducted by the League of Women Voters of Ohio a week before this year's election gave a pretty good insight into how dysfunctional the system has become in Ohio.
Despite the heavy advertising that had already taken place, a poll of registered voters showed that only 4 percent of the potential voters could name any current Ohio Supreme Court justice or any candidate in the election. Only 47 percent knew that the justices were elected; 42 percent thought they are appointed.
Clearly, Ohio voters are not devoting nearly enough attention to these very important races. And yet, each election day, with vague recollections of slick advertising campaigns rattling around in their heads, Ohio's voters go to the polls and make a mark or poke out a chad or touch a screen beside the name of a candidate.
Perhaps it is time for a change.
At the very least, Chief Justice Moyer's forum can invigorate the public discussion.
Almost anything would be better than the present system which, because of the nature of the special interest advertising and the millions of dollars being spent on it, is sending subtle and not-so-subtle messages that justice in this state is for sale to the highest bidder.