How to make government transparent and efficient at the same time is an ongoing puzzle for those who believe, as we do, that the American system is the best in the world.
Good-government advocates struggle to establish procedures that are fair and effective and which at the same time let the people know what’s going on.
An example is the current inquiry by a legislative committee into the state’s system for discipline of judges.
That system relies on a 16-member Court of the Judiciary to review accusations of judicial misbehavior. In cases where the court finds some fault with a judge that is not severe enough to file formal charges, the usual result is a reprimand, but that action is not revealed to the public.
Some lawmakers think the people ought to be informed of these cases. “It gets back to confidence in the judiciary,” said one member of a Senate study committee, which began its work with a hearing on Monday.
The committee chairman said more disciplinary actions should be made public, or at least that the state law should be amended to more narrowly define what minor offenses may be handled privately.
But it’s not an open-and-shut matter. The presiding judge of the Court of the Judiciary said more public scrutiny would make it harder to reach agreement with accused judges on disciplinary actions. That could result in more trials, straining the state’s resources.
“A lot of times, these things are so minor that a single letter can fix it,” the judge said. He pointed out that Tennessee is one of 42 states that allow private reprimands for minor judicial offenses.
Ninety percent of the accusations reviewed by the Court of the Judiciary are dismissed, The Tennessean in Nashville reported.
Complaints of a judge’s misbehavior are like malpractice accusations against physicians. The very existence of an accusation, whether it has merit or not, can be damaging to a career.
Transparency in government is a worthy aim, but it must be pursued with care. The legislature should take a balanced view.
Source:
Judicial Discipline Walks a Tight Line
See Also:
Tennessee Lawmakers Consider Making Judicial Discipline Public
3 comments:
I hear a lot of talk, but no action yet. Let's see some action.
Pardon me for being negetive, but I can't see how lawyers and judges would allow any reform. Oh, they'll say they want it and all, but the bottom line is nothing will change.
hot air smoke and mirrors say what people want to hear and then do NOTHING! hoping people forget, get frustrated, go away while conducting business as usual they are dead wrong and we are on their heels they wont be able to shake us off the old sideways 2 step just aint gonna work anymore
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