Archive for Tuesday, January 13, 2009

Archive for Tuesday, January 13, 2009

All judges should be elected

January 13, 2009

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Editor:

Having recently attended Gila County Justice Court in Payson, I observed two hearings back-to-back regarding the same issues, but not related in any other way. One hearing was conducted by elected Judge Dorothy Little and the other by part-time judge, Jim Weeks. Each hearing took about the same amount of time, but the difference in conduct of these two magistrates was shocking.

Judge Little, while firm and clearly in control of the proceedings was, from the very beginning, friendly, respectful, polite and communicative asking necessary questions of the parties and their differing views. In the end, each side had expressed their points without interruption from the bench. Finally, Judge Little made her ruling based upon the facts of the case and her knowledge of the provisions of the applicable law in question. Each side appeared satisfied with her decision and left the courtroom amicably.

The next hearing was on exactly the same type of issue, but from the very beginning, when Judge Weeks entered, a figurative black cloud emanated from the bench and spread over the courtroom. This judge’s approach to this matter was combative and arrogant. He was rude to the defendant, a humble, polite middle-aged woman with obvious physical disabilities. His appearance was dour, almost angry, as if he had been rudely interrupted from some activity he would have rather been doing, instead of listening to someone else’s petty problems.

He allowed the petitioner to have assistants and confer with them, but refused the same right to the defendant. When the defendant attempted to question why she couldn’t have someone to confer with too, he was harsh with her, she feared retaliation from him and was subsequently cowed into submission. In short, his attitude was aggressive, intimidating and totally inappropriate. He appeared hot-tempered and abusive. Needless to say, parties left, unhappy with his ruling.

Perhaps this is why it is better to have judges elected rather than appointed. There may be a sense of entitlement and no sense of accountability for the appointee, while the elected judge is aware of the consequences of their conduct on the bench come re-election time.

Northern Gila County had a well-respected judge for many years who retained his post because he was considered fair and respectful, yet firm. The elected, Judge Little, his protoge, bears those same characteristics. Judge Weeks, the appointee, would be better suited to some other part-time employment, if for nothing more than to retain the peace and traquility that is part and parcel of Northern Gila County.

No party should come away from a simple hearing feeling like they were just beaten up by the judge whether or not they prevailed in their case. Let’s elect all judges.

S. Olan Lanphear

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