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Committee advances bill to create legislative panel to review judicial independence
Summary
HB 8 40 would create a nine-member interim committee to investigate judicial independence and the quality of rulings and includes a $400,000 appropriation for dissemination; opponents said it risks separation-of-powers conflicts and is redundant with prior interim work.
House Bill 8 40, introduced by Representative Lucas Schubert, would establish a nine-member interim legislative committee to investigate the ‘‘independence and the quality of the rulings’’ of district and supreme court judges, and would appropriate $400,000 for the biennium to support that work and the dissemination of findings. Schubert said the committee would terminate in 2028.
Schubert told the committee the panel would include five house members appointed by the speaker and four senators appointed by the senate president and argued the work would ‘‘shine a light’’ on the judiciary. ‘‘We want more information about judges in general and the judiciary,’’ he said.
Opponents, including Al Smith of the trial lawyers and Bruce Spencer of the State Bar, told the committee the bill risks violating separation of powers and amounts to a partisan investigation. Spencer said similar interim activity already occurred (he referenced a prior select senate committee and an appropriation of roughly $500,000) and argued there was not a demonstrated need for a new committee.
Members questioned committee composition and whether the bill’s open language about ‘‘independence’’ and ‘‘quality’’ should be narrowed. Sponsor Schubert said he was open to amendments to address balance and that the termination date would allow future legislatures to undo or revise the panel.
The committee voted to pass HB 8 40 on a roll-call tally of 12 yes, 8 no; the bill moves out of House Judiciary for further action.
