Pubdate: Fri, 16 Aug 2002 Source: Times-Picayune, The (LA) Copyright: 2002 The Times-Picayune Contact: http://www.nola.com/t-p/ Details: http://www.mapinc.org/media/848 Author: James Gill NOW OR NEVER FOR ANTI-BOZO LEGISLATION With two state judges suspended and a third captured on tape scooping up five grand in cash from a bail bondsman, the stars could hardly be better aligned for state Senate President John Hainkel, R-New Orleans, arch proponent of what its supporters call "merit selection." That term, which means nothing more than appointing judges rather than electing them, is somewhat loaded. It is apparently taken for granted that merit is not a factor in judicial elections. Hainkel, indeed, declared a few months ago that there are now more bozos on the bench than at any time in the more than 40 years he has been practicing law. He plans to try yet again next year with a bill that would leave judicial appointments to committees of the great and the good. Gov. Foster promises his support. Hainkel can only have been confirmed in his dim view of Louisiana judges when the state Supreme Court suspended district judges Sharon Hunter and Ronald Bodenheimer. Hunter gets a chance to plead her case before the Supreme Court today, but has a lot of explaining to do if she is to avoid being kicked off the bench for what might be termed aggravated incompetence. Hunter, according to the Louisiana Judiciary Commission, reduced her court to such a shambles that she became a "danger to the public." The court of appeal, for instance, was obliged to overturn a bunch of convictions, including 5 for murder, because Hunter contrived to lose trial transcripts. Staff came and went at a clip reminiscent of Grand Central Station. At least Hunter does not face the prospect of prison. Bodenheimer, however, may be looking at a long stretch, being under house arrest accused of drug offenses and an attempted frame-up. Bodenheimer, though the feds have him on tape making various sinister remarks, has boldly turned down a plea bargain that would have given him 30 months. He is even less likely than Hunter to return to the bench. The feds also taped Bodenheimer's colleague in Jefferson parish, judge Alan Green, not only accepting the bail bondsman's $5,000 but making the extraordinary assertion that he thought it legal to accept that amount in cash as a campaign contribution. If Green is really that ignorant of statutory limits, he might consider doing a little research. They're bound to have a few law books lying around right there in the Gretna courthouse. One of the merits of Hainkel's plan is that there would be no pretext for judges to accept large sums of money from parties affected by their rulings. Right now, such parties are about the only source of campaign money. Even judges -- no doubt the majority -- who would not stoop to take cash from a bondsman, find themselves beholden to lawyers and businessmen with a stake in judicial decisions. Hardly anyone else, save friends and relations of candidates, has any motive to contribute to a judicial campaign. Judges, meanwhile, are forever putting the bite on attorneys who practice before them. Attorneys may resent it bitterly, but cough up for fear they won't get an even break in court. The result is a degraded judiciary and widespread cynicism. Hainkel would have Louisiana join other states that give the governor the power to appoint judges from nominations submitted by local and appropriately diverse committees. The great unwashed would get a look-in only at the end of a judicial term, when the incumbent would stand alone on the ballot to be either retained or replaced by a fresh appointee. The theory of the Hainkel plan is that it would produce fewer bozos, although some will no doubt slip through under any method. Appointing judges does not, as is sometimes claimed, remove the politics; it just leaves political decisions to fewer people. Perhaps those decisions are likely to be more judicious, and it is hard to imagine that the scope of Hunter's incompetence, for instance, would escape a nominating committee. Bodenheimer, on the other hand, after many years as a well-liked and highly respected prosecutor, would have seemed a logical choice for judge. Nobody seems to have foreseen the travails that led to his downfall. He has helped bring the judiciary into such bad odor that, if Hainkel can't get his bill passed this time, he never will, and the bozos will dog him the rest of his career. - --- MAP posted-by: Richard Lake