JQC put in difficult position
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