Scott Key & Associates
  • Home
  • Practice Areas
    • Embedded Counsel
    • Appeals
    • Trial Litigation
  • Meet The Team
    • Scott Key
    • Kayci Timmons
    • Tori Bradley
    • Sam Kuperberg
  • Resources
    • Blogs
    • Podcasts
    • Upload Consultation Documents
    • FAQs
  • Contact
  • Call 678-610-6624
  • Menu Menu

Final Thoughts on JQC Amendment 3

November 11, 2016/by J. Scott Key

I am not surprised that Amendment 3 passed. It was a bad idea with an unsavory political history. I did not personally know any lawyers who were in love with it. And my non-lawyer friends who asked me about it seemed persuaded that it was a bad idea. But, alas, I don’t know millions of people. I put it out there on Facebook. But Facebook is a solipsistic medium. I think my musings on Amendment 3 got a lot of amens but changed few minds.

The agency that governs judicial behavior ought to be independent from the legislature. It should be concerned with the neutral and dispassionate application of the judicial canons to judicial action. The JQC had its problems. It operated in extreme secrecy and its tactics were occasionally bullying. It was not a perfect agency. But there were less  intrusive fixes out there than then one chosen.

So, what is the future of judicial ethics? There is work to be done in the legislature to make sure that the mechanism is as effective as possible. I’ve said before that the State Bar can regulate the behavior of its members, whether they be engaged in the practice of law or the practice of judging. But the Bar appears to be politically compromised on all of this.

Ultimately judges are elected officials. And if they act in a way that is unbecoming of the bench, it is up to the people to regulate their behavior. And if the legislature, with its new powers, does a bad job with the JQC, the people choose them, also. What I say here feels like a cop out and perhaps a bit Pollyanna. From my experience, many educated non-lawyers have little idea what judges do or how it all works. I cannot count the people I have known socially who have asked the classic cocktail party questions about my job — “how do you do this for a living?” “What would you do if someone you were representing were actually guilty?” You know the other questions. But I have also had the experience of those same people coming to be clients or parents of clients of mine. And when they are in the system, going to calendar calls, preliminary hearings, motions, and trials, they are appalled at the experience. I do not know how to package up that life experience and communicate it to folks who may never know a courtroom firsthand. So, incumbent judges, even bad ones, are re-elected. And a Constitutional Amendment like 3 passes because it is written in a way that a voter in the ballot box thinks that it is a good idea.

Alexis de Tocqueville’s most famous line is that “in a democracy the people get the government they deserve.” Voters often get things right, as do juries and judges. But we are only as good as the information that we have. And when it comes to courts, the most informed appear to be the ones who are initiated either by being lawyers, serving on juries, or being actually indicted. How to inform others? I really don’t know.

Share this entry
  • Share on Facebook
  • Share on X
  • Share on X
  • Share on LinkedIn
  • Share on Reddit
  • Share by Mail
0 0 J. Scott Key /wp-content/uploads/SK-Logo-Black-White.png J. Scott Key2016-11-11 09:06:312016-11-11 09:06:31Final Thoughts on JQC Amendment 3
0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

You must be logged in to post a comment.

Related Resources

  • Living a Fulfilling Life (as a Lawyer)
  • Originalist Textualism 101 for Practitioners with Keith Blackwell
  • What I’ve Read, Heard, And Am Pondering This Week: June 1
  • Textualism As An Advocacy Tool
  • What I’ve Read, Heard, And Am Pondering This Week: March 7
  • Embracing the Legal Fundamentals with William Maselli

Archives

  • October 2024
  • July 2022
  • June 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • October 2020
  • July 2020
  • June 2020
  • December 2019
  • November 2019
  • October 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • July 2018
  • May 2018
  • April 2018
  • March 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • June 2017
  • May 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • February 2016
  • January 2016
  • December 2015
  • October 2015
  • September 2015
  • July 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • August 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • January 2014
  • December 2013
  • September 2013
  • July 2013
  • June 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010

ADDRESS

199 W Jefferson St.
Madison, GA 30650

PHONE

678-610-6624

EMAIL

tori@scottkeylaw.com
© Scott Key & Associates, all rights reserved. | Website by Madison Studios  
  • LinkedIn
  • Youtube
Re-Examining Dick Donovan’s RantThe Myth of Expertise
Scroll to top