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Monday, May 19, 2014

Courts - "Keep politics out of the courthouse" - Randall Shepard

The Washington Post today has an opinion piece co-authored by Ruth McGregor, a retired chief justice of the Arizona Supreme Court, and Randall Shepard, the retired chief justice of the Indiana Supreme Court. It begins:

The chaos surrounding the execution of convicted murderer Clayton Lockett was not just a wake-up call on capital punishment and how it is administered. The final hours also saw political efforts to bully and weaken Oklahoma’s courts. Similar battles are playing out around the country, threatening the ability of our courts to be fair and impartial.

When Lockett’s attorneys filed a lawsuit seeking information about the drug mixture that ultimately failed, the Oklahoma Supreme Court issued a stay to grant more time for review. But the governor announced that she would disregard the court’s ruling. A legislator introduced a resolution to impeach the five justices who had voted for the stay, alleging “a willful neglect of duty and incompetence.” The Supreme Court ultimately dissolved its stay and allowed Lockett’s execution to proceed.

The constitutional crisis may have been brief, but it was profoundly disturbing. As lifetime jurists and former chief justices of the supreme courts of Arizona and Indiana, we believe our treasured American system of checks and balances is harmed when our courts are threatened with intimidation. Our courts were designed to be the branch of government most insulated from politics.

This is especially critical when it comes to our criminal courts, which must be allowed to work properly and deliberately in order to protect the innocent, convict the guilty and provide just punishment. If judges cannot make life-or-death decisions based on the law without looking over their shoulders for threats of retaliation, they cannot uphold the Constitution and protect Americans’ rights.

Posted by Marcia Oddi on May 19, 2014 10:00 AM
Posted to Courts in general