My Turn, Evelyn Uddin-khan: Politics and the law do not mix     

Published 12:00 am Thursday, June 1, 2023

When judges make rulings based on their religious and political beliefs, justice is not served, and it is time for changes.

We have a unique way of choosing some of our judges. We vote for them in elections, as in the North Carolina Supreme Court, while others are appointed by the legislature.

A young man or woman, perhaps with not much legal or practical experience can become a judge at the polls.

In fact, kids just out of law school can decide they want to be judges, join the political party of their choice or the NRA, run for election, and bingo, we have new judges!

Based on research, voting for judges in the United States goes back more than 200 years. In fact, we are the only country in the world where most of our judges are chosen at the polls. An archaic system!

How do we know if these elected judges are qualified to be judges? How does the legal expertise of elected judges serve the losers who voted for them?

The recent victories for the Republican Party  in North Carolina delivered by the Republican controlled state Supreme Court is not worthy of a legal system that is supposed to be impartial and free from politics. The U.S. can and should do better.

Yes, this happens all the time. Red State, Blue State. But if we continue to “vote” for our judges the consequences are visible in the results of the North Carolina Republican Supreme Court helping the North Carolina Republican Legislature to stay in power. It is wrong to change voting laws that would help one party take control of our government – this is leading to totalitarianism.

Are “elected” judges capable of being impartial? Upholding the law? Do they know what they are doing? Did the North Carolina Supreme Court uphold the law? Re-write the law? Create new laws?

Research shows that elected judges are guided by party politics and are less independent than their colleagues in other countries. They are also less educated and experienced in their field.

For example, in France a student of the law spends at least four years in law school, another two years on a series of tests and preparations before entering the legal profession as a trainee.

Research also shows that in other countries where judges are appointed rather than elected, “they write higher quality opinions” than elected judges. Here again the North Carolina Supreme Court has shown their bias and favoritism for their Republican sponsors and benefactors.

Perhaps there was a time – over 200 years ago – when electing judges were the norm. Today, when judges must pay obeisance to their political benefactors, it is time to look for a new way to find impartial judges, to find a way to separate the judicial system from the political system. That can only happen by judicial appointment rather than blind elections.

Suppose, just suppose that a democrat stood before a die-hard republican judge, would he be given a fair trial? Turn the situation around and we have a republican before a democratic judge, would you feel comfortable and satisfied with the judge that heard your case?

Suppose one is independent, should he/she petition a higher authority for a trial judge who is independent? Of course, we do not have independent judges at any level – do we?

We are hearing and reading miles of words about separation of church and state, about cleansing history of unpalatable words and facts we find distasteful. One such word is slavery.

Perhaps it is time to separate the law from politics. A judge should not be a politician – he / she is sitting on the Bench for the welfare and protection of the people, and by extension the guarantee of a just and fair judicial system. This is not the case at present.

All over this country judges are dishing out decisions on everything from abortion to school text books based on their political and religious beliefs. Isn’t this unconstitutional?

We the people are no longer free to think or choose what’s good or right for us. Our children must read what the political-judicial systems deem right for them to read. This is no longer a free country.

Time to cleanse the courts and the legal system of politics.

In the United States of America all judges should be appointed — not elected.

Evelyn Uddin-khan moved to Salisbury in 2018 after living in the New York City area for most of her life. She taught in public schools and for a community college in the New York City area