Choosing a Judge
How are Judges different from other elected officials?
1. Unlike other candidates for political office who are elected because those candidates reflect the views of the voting public, judges are not elected to represent the views of the people who vote for them. A judge has a duty to apply the law objectively, making use of the facts and appropriate rules of evidence and procedure and not make decisions based upon public perception or popular opinion.
2. Judicial candidates cannot tell you how they will rule on controversial issues like abortion, assisted suicide, and same sex marriage. A judge’s paramount duty is to apply the law in a fair and unbiased manner without regard to his or her personal beliefs and expressing those beliefs during a campaign would violate that duty.
3. Judges run on a nonpartisan ballot and do not identify with one political party or another.
So if a judge isn’t supposed to reflect my personal or political views and isn’t a member of my political party, how do I choose the right judge for the job?
1. The North Carolina Bar Association recently conducted a judicial performance evaluation rating each judge. Although the score cards were not made public, ask your candidate who was a seated judge to release his or her report card. If they are asking you to re-elect them because of past good performance, then let them prove it.
2. Different types of judges may require voters to use different criteria. Trial court judges regularly deal with people who are under a great deal of emotional stress in district civil court, district criminal court, and especially family court. District court judges, therefore, must remain calm, patient, and fair while resolving these kinds of cases. Therefore, judicial temperament is a very important criterion for a district court judge. Inquire about your candidate’s demeanor in court.
3. Attend a candidate forum or invite the candidate to speak to your civic, social, or professional group. Candidates can answer direct questions about their knowledge, judicial philosophy, character, and experience.
About the Author: Steven Storch is a former Assistant District Attorney in Durham County, North Carolina and is currently serving the citizens of Durham County as a Magistrate. Dr. Storch is
the sole designer, author, and webmaster of this web site. Any and all credit or blame for its design and content should be attributed to him.