Why Is It Important To Elect Conservative Judges?
by Donna Detamore on January 7, 2010 at 1:25 PM
If you do not already feel you have the answer, ask anyone who has been in a contested court case and they will give you countless reasons. I am speaking from the Family Law Court view, where I have spent over 30 years. Many are heard in the hall just outside the courtroom or at their attorney’s office saying: Why do we elect Judges that seem like they do not want to make the decisions or seem to delegate that to numerous other individuals that the Court appoints, at the cost of the litigants? For example, Judges may delegate decisions to amicus attorneys for the minor children, psychologists, property evaluators, forensic accountants and the list goes on.
Now don’t get me wrong, there are exceptions to every rule. Keep in mind that the parties can hire their own experts if they feel there is a pressing need to provide special expertise to the Court for their case. Parties who are pressed into spending their savings and their children’s future education funds for additional court ordered participants, become exasperated, and for good reason. For example, how is it that a nine month old child who cannot talk to a court ordered representative needs an amicus, or other representative when there are two parents involved with counsel and no allegations of abuse? That is where I would believe a Conservative judge would find no pressing need to encumber the parents with such an expense or delay. Speaking of delays, we get to another major concern in the Court system. After the Republican swing of 1994, Conservative judges pulled the Family Courts out of an ever increasing backlog, ranging anywhere from four to seven years on average. The newly elected Republicans cut the back log in the first two years to the point where many of the Courts were meeting the standards set out by the Supreme Court of one year from filing to trial. This has become an ever-increasing problem in recent years (since Katrina) with the increase in case load from approximately 4000 new cases in each of the nine Family Courts, to 6500 new cases yearly. The Conservative Judge still makes it a priority to reach cases with all due and deliberate speed. The additional criteria for the Conservative Judge is to apply the law as written, and not make the law; not legislating from the bench.
Liberal judges have always carried with them many of the facets of corrupt elected officials: - the numerous political appointments that cost litigants time and money; - a cavalier approach to lengthy costly and time-consuming dockets that do not seem to get to final trial; - and making new law from the bench. The most recent example of which is the notorious case in Dallas. A Democrat Judge declared the prohibition against same sex marriage was unconstitutional and then set out to rule on a same sex divorce. When the news broke, it was often announced as “Can you believe it happened in Texas before California?” Well you can believe it happened, and it is only the beginning if we don’t elect and retain Conservative Judges, not just Republicans, on our benches.