Tuesday, November 13, 2012

Some hope in the election returns

I admit it, I was scared to death of the election returns.  I was afraid we would have yet another party sweep in the judicial races, sweeping out good judges and sweeping in new judges just because of their party label.
I've seen it too many times.  Like the first sweep in 1982, the first time there were Republican judges because they were appointed by the first Republican governor in a century.
It was awful.  A well respected court of appeals justice was swept out of office by a Democrat who at the time was under indictment charged with getting a handjob from a female client in the Harris County Jail.  Another good Republican judge lost to a lawyer whose highest and best use was making balloon poodles in the courthouse coffee shop. 
Another year a good Democratic judge was beaten by a Republican who later was kicked off the bench for cleaning pistols in front of the jury. 
Once upon a time, the political party leadership ensured that good judges didn't get opponents.  So, the late Joe Kegans regularly ran without opposition because everyone in both parties thought the was a good judge.  It didn't matter to the Republicans that she was a Yellow Dog Democrat.  She ran unopposed.
That's changed.  Now every incumbent judge gets an opponent.
This year was different.  At least at the criminal courthouse, three incumbent Democrats -- swept into office by the 2008 Obama landslide -- were re-elected.  Others were defeated.  It was as if the voters actually considered who to vote for.
I especially was afraid that one of two fine judges on the 14th floor -- one the only Republican to survive in 2008, the other a Democrat who defeated an outstanding Republican in that sweep -- would be defeated.  So, the citizens of Harris County would lose the services of either Mark Ellis, the Republican, or Maria T. Jackson, the Democrat.
I was pleasantly surprised to see that both were re-elected.
An even more pleasant surprise was the "undervote" in judicial races.  Undervotes are ballots case without a vote in a particular race.  So, for example, there were 15,341 ballots out of 1.2 million cast with no vote for president.
The judicial races typically had 60,000-70,000 undervotes.  That means that large numbers of voters either didn't get around to voting in judicial elections or they didn't know which candidate would be the better judge.  Either way, it is a victory for the citizens of Harris County.
Some of the judicial candidates I voted for were re-elected.  Some were defeated.  But it wasn't a Republican or Democratic wipe out.  At least some people exercised some judgment.  And for that we can be grateful.
Judges aren't like legislators or members of Congress.  Party affiliation should mean little.  What is important is whether an incumbent judge of either party is doing a good job.  If so, that judge should be retained in office.  If not, it's time for a change.
Take Judges Ellis and Jackson.  Both were swept into office when their party won in Harris County by a landslide.  Both defeated well respected incumbents.  And, both have turned out to be good judges.  They are polite to everyone in their courts.  They listen to and consider arguments from lawyers.  Then they decide.  They have earned their places on the bench.  They should be kept on the job regardless of their party affiliation.