Letter to the Editor The Sun Sentinel

October 14, 2012
Letter to the Editor
The Sun Sentinel
500 Broward Boulevard
Ft. Lauderdale, FL 33394

RE: Would being a thespian disqualify a Justice from keeping his seat. The perils of big boy Democracy as pointed out in your editorial today.

Sirs,

Having seen prospective Judges pander to special interest groups before the election, having seen sitting Judges strong arm lawyers appearing before them to finance their reelection even if there is no opposition - Might there be a cause and effect example here to explain the abysmal record of the Broward County Judiciary? – Why should politics in the retention vote of the 3 Supreme Court Justices so shock and amaze you?

The answer is to be found in the difference between a democracy and a republic. It is an absolutely straight line beginning in the agora, the forum, and running straight and true to the 1787 Constitutional Convention.

If the people in Florida get to vote who sits on the bench why can’t they vote on who gets thrown off the bench?

If the Judges chose to enter the political arena – raising money, seeking endorsements, proselytizing their beliefs – why should they be exempt from the political consequences? In this country politics “ain’t beanbag”. It’s a full contact sport. What’s the sense of having sharp elbows unless you use them?

If people can vote Judges in and vote Judgers out why can’t they vote on criminal cases? The next high profile child molestation can be held on the beach at Las Olas Boulevard. Thumbs up or thumbs down. Instant sentencing. Instant punishment. The never ending Summer of Recovery may yet see a revival of the mom and pop tumbrel industry.

Isn’t that the essence of democracy? The will of the people and all that jazz, right?

We entrust legislatures to protect our interests within specifically defined Constitutional guidelines. If we deny legislators the ability to confirm and retain Judges why should we be surprised when the people vote the way they see fit?

Incidentally, I intend to vote against the retention of the 3 Justices who are on the ballot for a reason other than ideology. Nota bene that ideology is part of the process. Not the only part, but a vital part.

Napoleon would pick 3 soldiers at random before a battle.

He would court martial them for cowardice. They would be found guilty and they would be executed.

He said “it encouraged the others”.

Nothing like vox populi being defined by someone carrying a 2 x 4.





KEVIN SMITH