Rome News-Tribune

JQC put in difficult position

- From Golden Isles News

The state’s Judicial Qualificat­ions Commission had some teeth before this past election. The agency acted independen­tly from the General Assembly and mostly free of political persuasion as it investigat­ed claims of unethical or even unlawful behavior by judges. The lack of political influence on how it operated was a key aspect of how the commission was put together. Although they are certainly not supposed to, as elected constituti­onal officers, judges may be prone to play politics while sitting on the bench.

Judges have a considerab­le amount of power that, if used improperly, could lead to corruption. It has happened in the past and it will likely happen again.

When this happens, justice may not be served by all decisions. Having a body like the JQC is important to hold judges accountabl­e. After all, they are people like the rest of us, just as susceptibl­e to playing favorites and the influence of political pressure.

Most judges, of course, will never need to be investigat­ed. A majority of them truly want to do what is right according state and federal law.

The changes currently being discussed for the qualificat­ions commission, following a state constituti­onal amendment passed in November that altered its structure and how it operates, will strip much of the impartiali­ty it once had. Rather than a group appointed by the Georgia Supreme Court and the state bar associatio­n, the commission will be made up of people appointed by the General Assembly.

No longer will the commission’s findings be able to be used in prosecutio­n of a judge should it discover something criminal. Rather than the findings being handed over to a district attorney to pursue charges, separate investigat­ions by law enforcemen­t will have to be conducted to pursue charges.

Additional­ly, the commission’s findings will no longer be required to be made public in all instances.

These changes open the door for statewide politics to get in the way of impartial investigat­ions. That can go both ways and lead to witch hunts and, on the other side, lackadaisi­cal inquiries.

Most judges will never interact with the JQC, and that is a good thing. We need good people on the bench making important decisions in our communitie­s that in some cases truly are about life or death.

But when an investigat­ion into the actions of a judge is necessary, the qualificat­ions commission that conducts it must be free of political pressure, have the teeth to prompt prosecutio­n if needed and be as transparen­t as it would be for any other elected office.

We hope the new structure for the commission does not turn out to be bad for all of Georgia.

LMike Lester, Washington Post Writers Group

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