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Sunday, January 08, 2012
Courts - In a number of states, "Legislators Are Out to Take Over Their State Judiciary Systems"
A few quotes from a lengthy Jan. 1. 2012 story in the ABA Journal, written by John Gibeaut:
[I]n the wake of another decision that didn’t go their way, Republican legislators in Florida attempted to ram through a broad package of restrictions on the state’s judiciary last spring. The legislators tried unsuccessfully to emulate Texas and Oklahoma by splitting the Florida Supreme Court into civil and criminal divisions. They also tried to cut the state bar out of the judicial nominating process.Florida is just one of dozens of states where legislators have attempted to seize control of the justice system to varying degrees.
Though attempts to tame the courts are nothing new, they historically arise in narrow contexts, such as single decisions in controversial cases, and usually stand slim chance of passage. But by 2011, the number and scope of legislative attacks had grown in dozens of states and covered nearly all phases of court administration, decision-making and judicial selection.
Observers note that many such bills ignore the doctrine of separation of powers that establishes the judiciary as a co-equal branch of government.
Posted by Marcia Oddi on January 8, 2012 10:59 AM
Posted to Courts in general