Reconfirm the judges

THE 1986 CAMPAIGN that tossed Rose Bird, Joseph Grodin, and Cruz Reynoso off the California Supreme Court was one of the low points in the history of state politics. The three judges, who led one of the best state supreme courts in the nation, broke new legal ground in protecting workers rights, the First Amendment, the environment, and the rights of the accused. They were ousted by a big business-funded campaign that focused almost entirely on the death penalty.

Is it possible that state supreme court and appeals court judges have been looking over their shoulders ever since, worrying that a strong position against executions (or a strong stand on any of a long list of tough issues) could cost them their jobs? Of course it is. That's why we recommend reconfirmation of all 16 state judges on the November ballot.

The right to reconfirm judges every 12 years is an important legacy of the progressive era. But it should be used carefully – only when an appellate-level judge is truly incompetent, corrupt, or an utter disaster should he or she be thrown out of office by the voters.