Judicial independence remains under fire [View All]

[Judi Lynn]

Nov. 11, 2006, 12:06AM
Judicial independence remains under fire

By MATT APUZZO Associated Press Writer
© 2006 The Associated Press

WASHINGTON — Efforts to curb judges' independence suffered some Election Day setbacks, but supporters pledged to keep fighting against a judiciary they say has lost touch with America.

The problem, critics say, is that judges too often make laws rather than interpret them. On Tuesday's ballots, the possible solutions ranged from term limits to prison time. All failed, most by wide margins.

Judges say such efforts threaten their autonomy and some legal scholars see them as part of an organized campaign to persuade voters that judges, like legislators, governors and presidents, are policymakers who need political oversight.

The frontier of the movement was South Dakota, where voters considered allowing judges to face lawsuits or jail time for their opinions.

"People are not going to allow judges to take over this county," said Ron Branson, who conceived the South Dakota measure and is promoting it nationwide. "They talk about judicial independence but they're getting involved in things they have no power to order."
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http://www.chron.com/disp/story.mpl/ap/nation/4327389.html