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Legislative committee creates new review panel on judges, will place recommendations on ballot; critics warn of politicization
Summary
House Bill 512 would create a bipartisan Joint Legislative Committee on Judicial Performance to hold public proceedings, publish recommendations about judicial retention in voter materials, and place any recommendation on the retention ballot; the House Judiciary Committee voted 7-2 to advance the bill.
Representative Lisenby introduced House Bill 512, judicial retention changes, saying voters need clearer, accessible information when deciding whether to retain judges. He proposed creation of a Joint Legislative Committee on Judicial Performance to hold public proceedings, invite comment, and publish any committee recommendations in voter materials and on ballots in retention elections. "Voters need proper information with sufficient clarity to enable them to express their will," Lisenby told the committee.
During discussion, supporters emphasized low visibility of judicial evaluations and public confusion that produces uniform "yes" or "no" ballots. The sponsor said the committee would not replace the Judicial Performance Evaluation Commission (JPEC) but would operate alongside it and that the committee would be bipartisan by statute.
Multiple witnesses opposed the bill. Michael Drexel, assistant state court administrator, said judges must be free to decide cases based on law and facts rather than public opinion and urged further study and collaborative solutions. Retired judges and bar representatives warned that placing a legislative committee's recommendation on the ballot risks politicizing retention elections. "To allow any branch of this government to put a recommendation on the ballot about a retention vote is to me a complete violation of the notion of separation of powers," said retired judge David Connors.
Proponents argued that the legislature is already responsible for retention-election mechanics under the state constitution and that voters lack clear tools. Representative Ochsior moved to favorably recommend HB 512 to the House; roll call recorded the motion passing 7 to 2 with Representatives Mala and Grant Miller voting nay.
Ending: The committee voted to send HB 512 to the House floor with a favorable recommendation; supporters framed the proposal as a transparency measure, while courts and legal groups urged caution and suggested collaboration to enhance existing evaluation outreach and voter education.
