Document text
0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories Emergency services He beat the odds Providence's 23rd Festival of Trees opens to public this weekend Since You Asked: Precinct numbering system proves baffling Get Up & Go: Dec. 4 Crime, Courts and Emergency Services Emergency services Nurse sentenced after running over boyfriend Promotions announced at local fire departments Applegate man charged with sexually abusing girl over 18-month period Police looking for homeless man who attacked two others with a crowbar Politics and Elections GMO labeling votes recounted under careful watch in Jackson County Kent Bush: First Amendment doesn’t mean what you think it means East Medford's the charm Pot, GMOs unite south Jackson County Buckley again named Ways and Means Committee co-chairman Education Medford school administrators get pay boost Students put their hearts into AIDS event Kitzhaber calls for early education spending in budget proposal Medford leans toward three-quarter-day kindergarten Building audits will help district save energy, and money Environment County calls for local control of federal lands Most dredging banned under new proposed guidelines Hawks use I-5 as hunting ground Curbing urban runoff in Gold Hill Mt. View Estates' fill, riprap work lacked county permit State News Grand jury: Officers justified in S. Ore. shooting Forest Service: Thin 100K acres of Oregon forest Oregon doctor heads to Ebola zone Prosecutor: Detective to plead guilty to forgery University of Oregon teaching assistants strike Nation - World Grand jury won't indict Ferguson cop in shooting Obituaries Delene Yvonne Pauley Guest Betty Jean Bradetich Slate Catharine Carson Sotzing Cynthia �Cyna� Ann Death Notices Weather Photo Galleries Since You Asked Videos Web Cams Mail Tribune 100 Sports Latest Stories Panthers pick up big win Panthers skate past Comets Payton II leads Oregon St. over MVSU Duke rises to occasion, downs Wisconsin 76ers avoid worst start in history Varsity 541 College Sports Payton II leads Oregon St. over MVSU Duke rises to occasion, downs Wisconsin Oregon romps past NAIA Concordia Familiar Foes Missouri knows to watch out for Cooper Pro Sports 76ers avoid worst start in history Cowboys look to bounce back against Bears 2015 European Tour season opens in Sun City Durant back, but Thunder falls Aldridge's helping hand propels Blazers Community Sports Keeping Fit: Runners need to do more than run to stay in shape RESULTS/STANDINGS LOCAL EVENTS Business Latest Stories More sales, but no change in residential housing median price People in Business, Dec. 3 Blog: Mobile shopping continues to make inroads Blog: Thoughts from an analyst who is bullish on Lithia Investors' focus shifts to local, small ventures Real Estate News More sales, but no change in residential housing median price Dear Monty: Violation of HOA rules creates conflict Farmers file suit over GMO crop ban Financial webinars offered for veterans and their families Home prices rise across Jackson County People In Business People in Business, Dec. 3 People in Business, Nov. 18 People in Business, Nov. 8 Transportation Allegiant Air will resume Medford-Phoenix service May 22 Medford airport passenger counts sky high in October Erickson reports third quarter profit Agriculture Southern Oregon wine industry had a robust 2013 Farmers file suit over GMO crop ban Lawsuit seeks to overturn Jackson County's GMO ban or net $4.2 million for farms Latest count shows Measure 92 supporters narrowing deficit Opinion Latest Letters to the Editor, Dec. 4 Our View: Cheers and jeers Guest Opinion: It's time Oregon put a price on carbon Dana Milbank: Obama has already won the immigration fight Matthew Mangino: U.S. Supreme Court takes on Facebook threats Editorials Our View: Cheers and jeers Our View: Stay flexible on kindergarten hours Our View: Waiting for someone else to step up Our View: What's in a name? Not that much, really Other Views: Klamath Basin agreement deserves approval Letters to the Editor Letters to the Editor, Dec. 4 Letters to the Editor, Dec. 3 Letters to the Editor, Dec. 2 Letters to the Editor, Dec. 1 Letters to the Editor, Nov. 30 Guest Opinions Guest Opinion: It's time Oregon put a price on carbon Guest Opinion: Are we the preferred path to global devastation? Guest Opinion: Fight for the rights of independent voters will continue Guest Opinion: 'Natural' not necessarily better for forest management Guest Opinion: County voters rebuffed judicial appointment process Lifestyle Latest stories Dr. Murray Feingold: Say it like you mean it Marketta Gregory: The stories of our faith Religion news: Animal sacrifice at Nepal festival continues, despite protests Community blog: Guiltless Holidays Better for our Health Troubleshoot common water boiler problems Food 'Amazing' Soup Roxy Ann winemaker has roots in Napa Valley Community blog: Post-holiday soups easy on the budget, waistline Food for Thought: Sugar cookies offer holiday nostalgia Kitchen Call: A change from turkey leftovers Home and Garden Troubleshoot common water boiler problems Dear Monty: Ten helpful home-listing tips Home Help: Luxurious upgrades don’t have to break the bank 9 ways to green your gift wrap Dear Monty: How to find a good real estate attorney Health Dr. Murray Feingold: Say it like you mean it Community blog: Guiltless Holidays Better for our Health HealthStyle: Develop an attitude of gratitude Health Watch: Fuel up on carbs before workouts Health insurance enrollment help available Hiking Biking Faith Religion news: Pope aims to expedite sex abuse rulings Religion news: Seattle-based mega-church dissolves Religion Briefs 'Walk the talk' Religion briefs Milestones and Achievements Madi-Stiles A New Song Rogers-Horn New Arrivals ACCESS receives $50,000 donation from Wells Fargo Columnist for a Day Rogue Healthy Aging Tempo Latest stories Bedford Falls comes to life at Randall SOU presents all-percussion concert Soroptimist holiday home tour features four houses this weekend Ashland's First Friday Art Walk showcases new exhiits by regional artists Brunch at Loft Brasserie Theater Bedford Falls comes to life at Randall Camelot presents 'Fiddler on the Roof' OCT's holiday show is a wonderful play New 'Alice' has some for kids ... and adults 'It's a Wonderful Life: A Live Radio Play' opens at Oregon Cabaret Theatre Music SOU presents all-percussion concert Shae Johnson releases 'Can You Feel the Music' Jeff Kloetzel releases 'Long Time Coming' A new guitar slinger in town Peter Chianca: Top 40 songs even a dad could love Community Events Soroptimist holiday home tour features four houses this weekend Ashland's First Friday Art Walk showcases new exhiits by regional artists 2014 Providence Festival of Trees A grand illumination at the Commons Lighting up memories Dining Brunch at Loft Brasserie The Bohemian Club Thanksgiving comes early at Taprock Word of Mouth: Brunch at Brothers' Restaurant Tempo Videos Classifieds Jobs Autos Real Estate FEATURED » Obituaries Blogs TV Listings Movie Listings Oregon Outdoors Oregon Healthy Living Magazines & Special Sections NEWS NOW Our View: Cheers and jeers ... Guest Opinion: It's time Oregon put a price on carbon ... Medford school administrators get pay boost ... Our View: Cheers and jeers ... Guest Opinion: It's time Oregon put a price on carbon ... Medford school administrators get pay boost ... GUEST OPINION Guest Opinion: County voters rebuffed judicial appointment process By William Francis MailTribune.com By William Francis Posted Nov. 18, 2014 @ 10:02 am By William Francis Posted Nov. 18, 2014 @ 10:02 am » Social News Imagine a conclave of Circuit Court judges on a dark November morning. There’s been an election. All of them (except one) had endorsed a candidate. Their candidate had been appointed by the governor of Oregon. Together, they had put their names at the top of a list that went on to include the names of the retired judges who had gone before them, followed by a familiar list of local politicians, “community leaders” and government lawyers. They had all seemed to believe that their endorsement, by itself, would be adequate to ensure the result of an election. They had believed that the voters would tell them they approved of their choice to elevate their candidate to the honorary position of judge-for-life. Now, the voters had spoken, and the judges, politicians, leaders and lawyers had been rebuffed. They all knew the history of this race. A few months before the 2014 judicial election in Jackson County, a couple of Circuit Court judges retired. There was no particular or urgent need to fill their vacancies, but, with only a few exceptions, it had been the practice of elder judges to retire just a few months short of the end of their terms. They knew that the timing of their departures would create an opportunity for the governor of Oregon to make political appointments. Most of the judges in Jackson County themselves had been appointed by the governor of Oregon when the judges who preceded them had retired early. Years ago (when I was a baby lawyer) I believed the political appointment process worked. It always seemed to me that a number of qualified attorneys were offering their names for consideration to be appointed as judges, and I wanted to believe that the governor of Oregon would be sure to choose the best one. Now that I’m a grown-up lawyer, it’s obvious to me that this isn’t what’s been happening. The governor of Oregon, together with the local legal establishment, presides over a “judicial appointment process.” No one has ever been able to tell me what the process is, or how it works. Last year, the members of the local bar association let their preferences be known, but they were ignored. After the appointment, the local legal establishment asked the voters to permanently install their candidate. (The appointee was now the “incumbent.”) They listed their names in paid political advertisements, and generally presented themselves as a distinguished assembly of jurists, attorneys and community leaders, who, together, would hand down their carefully vetted selection to the rest of us. We have all learned in recent weeks that the governor of Oregon isn’t all that sharp when it comes to political appointments. The people who get appointed also aren’t always sharp. My point is, the voters need to keep an eye on the judicial appointment process. The voters need to decide in every election whether the judicial appointment process has worked. (In the meantime, the governor of Oregon and the local legal establishment need to consider that it may not be necessary, except in rare cases, for a judge to be appointed at all.) We ought to be to be grateful that we still live in a state where the storybook vision of an American election is still functional. This month, throughout the country, voters repudiated an entire party, which is to say, they don’t respect its members anymore; at least, not like they used to. They were expressing how sick they have become of expanding, lurching, incompetent government agencies. They know their country has been taken over by big, bloated bureaucracies that operate big, bloated, nanny-state programs that are enabled and protected by career politicians. In this election, the voters treated the courts like any other government department. They saw that, no matter what else it is, a judge’s job is also yet another government job. I’m hoping this election changed the perception that political appointments are too complicated for the public to understand or that judges have the right or the power to privately select the successors of their retiring brethren. I hope the mysterious and capricious “appointment process” will remain the topic of an ongoing conversation. In the Jackson County judicial race, in 2014, the voters told the governor of Oregon and the local legal establishment that they are still able to remember that Oregonians have a constitutional right to elect their judges — and that means in open, fair and free elections. In Jackson County, the voters took back the judicial appointment process. They threw out the political appointee. They elected their judge. William Francis is a Medford attorney and a partner at the firm of Carini & Francis. He was a candidate for Circuit Court judge in the 2014 primary election. By William Francis MailTribune.com By William Francis Posted Nov. 18, 2014 @ 10:02 am » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Your privacy is important, read our privacy policy. © Copyright 2014 Local Media Group, Inc. All Rights Reserved. Privacy Policy | Terms of Service | Local Media Group Publications Original content available for non-commercial use under a Creative Commons license, except where noted. MailTribune.com | P.O. Box 1108, Medford, OR 97501