Dear Minnesota Voters,

Do people care about Judges? I have traveled throughout the state of Minnesota talking to the people of this state about judicial accountability.  Most people are completely frustrated when it comes to voting for their judges.  They want to know what’s going on!  They care because judges have a great impact on our lives and freedoms!  One only needs look at the state of California to understand the impact the judicial branch can have on not only a state, but on our entire country.

So why don’t we know what’s going on? The judicial branch controls the rules for their own elections and one of their rules (Canon 5) largely kept the voters ignorant of their judges.  That rule was finally struck down as UNCONSTITUTIONAL by the US Supreme Court in 2002, which is why voters are finally able to receive information about judicial candidates so they can vote intelligently.

Shortly after this ruling a movement began to take away our right to vote by the Quie Commission, Justices of the Minnesota Supreme Court, and a faction in the state bar association.  They are promoting a plan to take away our right to choose our judges and instead give that right to just one person—the Governor.  That is not democracy.

A little background on electing judges: Our forefathers specifically rejected the appointment method. They believed we the people were and are smart enough to elect our judges and reasoned that the right to vote is the only real way of holding our leaders accountable for their actions. Therefore, our MN Constitution states judges... "shall be elected by the voters from the area they are to serve." (MN Constitution Article VI Sec. 7) In other words, we are supposed to elect our judges.  They are not supposed to be appointed.

Built in Advantages for the Incumbent:

1: Election Rules: The Judicial branch controls the rules for their own elections.  One of those rules (Canon 5) greatly restricted the information available to the voters about judicial candidates by restricting what the candidates could say.

2: Incumbent Tag: Capitalizing on voter ignorance, Judges are the only public office holders who have the tag “incumbent” next to their names.  Generally, voters will choose the incumbent if they do not know about the candidates.

3: Making a rule out of the exception: All judges in MN are supposed to be elected.  They get around that requirement by using an exception in our Constitution that gives the Governor the power to appoint a successor if the office holder does not complete their term.   The appropriate use of that power is when someone unexpectantly vacates their office like when Senator Wellstone tragically passed away.  Judges, however, make a practice of vacating their office before their term expires so their successor is appointed preventing our right to be involved in the selection of our judges.

4: Skip the Election: The newly appointed judge also gets to skip over the first election they should face if they are appointed within the last year of their predecessor’s term and then run as the incumbent in the next election.

Merit Selection or Political Favors?  One group that wants to take away our right to vote for our judges’ wrote, "...It is important that judicial candidates not be high-jacked by political agendas or highly financed campaigns whose contributors expect favors in return." What?  In 2008 I ran a statewide race and I received just under 44% of the vote with only $5000.  And consider this excerpt from an article announcing the Governor’s appointment of his campaign attorney:

Ventura was Minnesota’s only recent governor not to appoint close associates to the state judiciary. Arne Carlson gave judgeships to his CHIEF OF STAFF, a CAMPAIGN ATTORNEY, his SISTER-IN-LAW and HIS ATTORNEY IN THE GOVERNOR’S OFFICE. Rudy Perpich, Carlson predecessor, named one of his former commissioners to the Supreme Court and his CAMPAIGN MANAGER to the district bench.

What makes America unique among nations is the idea that the power of people to govern themselves is a birthright guaranteed to all. This guiding principle set our nation on a unique course where leaders are chosen by free and fair elections and where the right to vote is treasured and protected.
2008 Minnesota Sesquicentennial, MN Secretary of State’s Office Website.

That is what Abraham Lincoln meant by admonishing us that government Of the people, For the people and By the people should not perish from the earth.

What is the Retention Vote? What is also alarming about the MSRE proposal is that it would put in the hands of one person (and the committee he appoints) to not only appoint all judges, but could be used to control the judges after they are on the bench. What if a sitting judge is not a bad judge, but is simply not in agreement with the current governor's office agenda? The MSRE committee could be used to give that judge an "unsuitable" rating if the judge refuses to go along with the governor's agenda. The hapless judge is put on the ballot with an "unsuitable" designation all but ensuring his ouster. Then the same governor is empowered to appoint his successor. In effect you have one branch of government appointing and then potentially controlling another branch. That violates the separation of powers doctrine.

What about partisan politics and special interests? I’m running to serve the people of Minnesota and they’re my special interest! They vote for school board members, county commissioners, mayors, state senators, representatives and our Governor.  Why is it they are suddenly incapable to vote for their judges? We all want to keep politics and special interest money out of judicial selection and giving the power to appoint all our judges to one partisan politician who accepts special interest money-the Governor-is not going to do it. Even if you like the current Governor and who they may appoint doesn’t mean you’ll like the next Governor and who they might appoint.

Our vote is our most fundamental right in a democracy! I spoke with hundreds of everyday men and women who want to know about their judges and cast an informed vote. Teri the home schooling mom, Chaplin Dan, Professor Nancy, Pastor Dave, Bus Driver Larry, High School Teacher John, Doctor Steve, Fitness Business Owner Shannon, Mill Worker Jeff, Nurse Diane, Lawyer Tim, Army Sergeant Eric, Hair Stylist Stacy, State Representative Laura, and Doug the "Sign Master" who covers the state with hundreds of signs because he is passionate about people and wants others to have a voice too.
All people given enough information want to know what’s going on and want to keep their right to choose their leaders, including their judges.

History will be made. If I win a position on the Appellate Court this November 2, 2010 it would be the first time in our state’s history that the voters of Minnesota selected one of their judges for this Court rather than having that judge first selected by the Governor through appointment. All judges on the appellate court have been first appointed. Even when appointees have been challenged, an appellate court judge has never lost when up for re-election. Ever.