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Show , . By TOM BUSSELBERG North County Editor J LAYTON - If Proposition 3 is approved, it'll give judges almost carte blanche approval for life-terms. IT WOULD ALSO pave the way for an intermediate court to help lighten the state Supreme Court's caseload, but voters , need to know what's in the proposal before voting for a Consti- tutional amendment, veteran state Sen. Haven Barlow empha- sizes. J, He's concerned at those zeroing in only on the heavy case- load borne by the state's highest court, but said in an interview j that could be handled otherwise adding, "no one is against that, but they don't tell you the price you're paying for it." IF THE PROPOSITION'S approved, voters would only have the chance to make a "yes" or "no" on the ballot at re-election time vs. having a choice between candidates, he explained, stressing the principal of choice more than actual numbers of A contenders who might be vying for a judgeship. J Citing statistics noting only four judges up for re-election out of 55 two years ago ran with opposition, Mr. Barlow said A ''judges ought to be accountable" just as members of the execu- 1 Jive and legislative branches. The fact that 10 percent of judges had opponents points to the felt need that "maybe 10 percent A should have the public look at their performance" through eection, he continued. . THOSE SUPPORTING the bill claim judges should be lmpar- 2 jial, above having to run for re-election, but the long-time legis-.y, legis-.y, lator who's conducted numerous election campaigns said, "if anyone needs the humbling process of an election-it's ajudge." "We've pretty well let them have their say" as it is now, he : continued, referring to judges setting standards on who may Practice law, for example. AND AS IT stands now, any appointed judges come from a , threeperson list recommended by a nominating committee to i the governor and gain six year terms as circuit court judges and 10 years in the Supreme Court, running for re-election at term's end. t That Provides a "checks and balances" system that, if removed, re-moved, would give voters as much choice as their Soviet coun-,erparts coun-,erparts where only a "yea" or "nea" would be asked, he said, g-. noting little likelihood voters would indicate "no" unless there Was an opposition candidate. cj SOME POINT to the federal judge positions and their life-"me life-"me tenure, but as Mr. Barlow quickly points out, that smacks , f 'he Judge (Willis) Ritter days where many vocally opposed n's policies but could do nothing until he died several years ago. And back when the U.S. Constitution was yet in the forming, Part of the Jefferson-Hamilton debate was over whether people property should be the only privileged note-franchise-noldrs because they supposedly had more knowledge. JCAN YOU IMAGINE running for President on just a yes or no ' he reiterates. .A - As it stands now, the Legislature can remove ajudge by a lwo-thirds vote and while he said it's never been used, a "much rmiiresponsive look" at a justice's performance is possible by the lawmakers. "A JUDGE has to be somewhat compatable with people," Mr. Barlow said, and the threat of that vero was "very instrumental' in-strumental' in two cases-he recalls. If that were removed, "it would let the judiciary have complete say as to its own mem-bers-they wouldn't have to be accountable to the people." "I'm not against judges," the lawmaker emphasized. "I think as a rule we have wonderful judges who've dispensed justice fairly," but he called it "scuttling" accountability to place such CONTINUED ON PAGE 2 Proposition 2 j CONTINUED FROM PAGE 1 provisions into the Constitution, especially before they're "refined." "re-fined." IF JUSTICES are concerned about being "beholden" because be-cause of having to seek election funds, he continued, the Legisl- i ature could stipulate a certain fee be set aside for that, as well. Sen. Barlow is a member of the State Judiciary Committee and assailed the dearth of debate in the legislative chamber i when the issue was raised during the recent special session and . lack of it entirely in the House. "WOULD YOU buy a used car without trying it out?" he asked rehetoncally, indicating that some of the proposals in Proposition 3 should be tried first by statute-then placed "m ! concrete" of the Constitution. "We've just been told it (Proposition) would (make the Judiciary) Judi-ciary) more efficient, and as long as there's no personal involvement involve-ment the average person is very fearful of doing anything the judiciary doesn't want," the Layton senator said. CALLING THE Proposition "very complex," he urged voters vo-ters to study the issue rather than rely solely on pro and con advertising or editorials. 1 |