Louisiana is one of eleven states with partisan judicial elections and does not use retention elections during subsequent terms. A retention election is where voters are asked to vote on the standing of the incumbent judge for whether or not they should return.
Louisiana citizens can vote for several judicial levels, including the Supreme Court, the Court of Appeals, the District Court, the Juvenile Court, and the Justice of the Peace Courts. Within the election process, the judges compete with members of both parties. If no person receives the majority, the top two contestants run against each other. If a single person does receive a majority, they are elected into the position and not placed on the general ballot.
In Orleans Parish, all judges are registered Democrats except for the one vacant seat in the Civil District Court Division H, Domestic Section 2. In opposition, 4 Republicans, 1 Democrat, and 1 Independent sit on the state’s Supreme Court. Chief Justice, John L. Weimer is the independent. However, classifying judges in these terms can sometimes lead to an oversimplified misrepresentation of the way the judicial system operates. Better terms to describe them would be whether they are more ‘active,’ exercise ‘restraint,’ or are ‘textualists.’
Activists use their power to implement a set of policy views that may differ from the readings of the law, which may mean they allow more of their personal interpretations to affect their decisions. Those who exercise restraint often rule in an attempt not to legislate; textualists could be looped in this group as they strictly follow legal text which means they do not allow their personal agenda to affect their decision-making as often.
So what should one look for before marching to the polls? What was the candidate’s history? Did they work at a large law firm, or in the prosecutor’s office? How long have they practiced law, and how long have they served as a judge? What about the endorsements they have received? Are they from neutral parties such as the American Bar Association, or from political parties trying to elect candidates with specific ideologies? Does one align oneself with said ideology?
Voter education is pertinent in judicial elections especially since they so often get neglected. As well, ensure you are registered to vote. To do so, go to the state’s Secretary of State’s website to find the form to complete. To preserve democracy is to participate in it.
COLUMN: Judicial elections are important too
November 1, 2024
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