Ohio and politics - so interesting these days: "Judges for Hire"

[salin]

Interesting item in the Toledo Blade -

Article published Saturday, October 15, 2005

Judges 'for hire'


A STATE law that permits retired judges to, in effect, hire themselves out to preside over civil cases can help counties with crowded dockets, but legitimate questions have been raised. Foremost among them: Should "private" judges be utilized in a public legal system when they are not held to the same public accountability as elected judges?


The matter recently became an issue when the Cleveland Plain Dealer reported that some common pleas court judges in northeast Ohio are dismayed with the 1987 law.

The most disturbing prospect is that wealthy litigants could basically "shop" for a judge. Private judges can earn $20,000 for a two-week trial, a fee shared by the parties. While both sides must agree to hire such a judge, and a person of average means could just say no, the arrangement still offers a different level of justice to those who can afford it. Their case can be heard relatively swiftly, unlike the months or even years it might take to get a resolution in the traditional manner.

snip

It happens. Robert Glickman, 39, is a Cuyahoga County judge who was appointed to the common pleas bench by Gov. Bob Taft. After being defeated in his first election, he retired, then hired himself out as a private judge.


more: http://toledoblade.com/apps/pbcs.dll/article?AID=/20051015/OPINION02/510150306

[jody]

1. Is that a variant of using arbitrators? n/t

[salin]

2. No, it appears to be regular civil cases

and a form of outsourcing for judges to lighten local dockets. I think of arbitrators reaching settlements that then have to be reviewed by a court (though I could be wrong).

[jody]

3. I believe arbitrators decisions are not reviewed by courts. For example,

arbitration panels reach decisions under NAFTA that can overrule SCOTUS decisions. That means SCOTUS is no longer the supreme court, NAFTA arbitration panels are now SUPREME in some cases. The same situation will exist under CAFTA.

You might want to browse Arbitration Watch

[salin]

4. there are times it feels like we are living in a modern-warped Gilded Era

just a quick glance at that and my head and heart sink... yet again. In which case, yes the system described in the article sounds similar. What caught my eye was the aspect where a sitting judge can retire (or not be reelected) and can, according to the article, "appoint themselves" as a private judge. I still grow sad, even though I am already pretty cynical - when I read of more and more examples of folks seeking to "serve the public" (civil servant, or elected official) - who seem instead to view such service as an avenue for self-enrichment. Call me an idealist, but I still believe in "the public good" and in serving for the public good.

[jody]

5. My bumper stickers say "Binding Arbitration, A License To Steal". n/t