Swing of torts

THE ISSUE

The perception that Alabama's Republican-dominated Supreme Court has become too friendly to big corporations has renewed interest in appointing appellate judges.

The Alabama Supreme Court's reversal in September of a lower court verdict of $3.5 billion in favor of the state against oil companies and the reversal of an order by the Public Service Commission regarding apparent overcharges by BellSouth have proponents of appointing appellate judges instead of electing them writing new legislation.

The Supreme Court, which has only one Democrat - Chief Justice Sue Bell Cobb - among its members, is giving reform advocates plenty to work with as the next legislative session draws closer. Political observers note that the court's swing to the Republican Party a decade ago has created the perception that it favors big business over plaintiffs. Before the change in political complexion, the opposite perception existed, earning Alabama the nickname "Tort Hell."

This swing between extremes is not healthy for the state's image and it certainly doesn't guarantee anything remotely resembling justice for the people or businesses of Alabama.

Maybe it is time for a change.

The Alabama Bar Association is preparing legislation that would create a judicial appointment commission for all appellate judgeships. Sometimes called the "Missouri Plan," the legislation would create a commission composed of lawyers, residents and others who would submit a list of nominees to the governor, who would appoint one of the nominees to a judgeship. The judge would then be required to stand for election every six years, and his or her record would be published for review prior to the election. There would no longer be party labels attached to judges, and the commissions would be able to submit names that would create a balance on courts. Its not a perfect system, but - if done properly - it would remove some of the politics from the courts.

The quality of justice issued by our courts is one of the most important elements of the freedom we hold so dear in this country. When the courts become beholden to outside influences, then one of the freedoms that makes the United States so unique is lost.

The money being spent in Alabama's state court elections has helped create the perception that justice is for sale in Alabama. A record amount was spent a year ago in the race for chief justice, in which Cobb unseated incumbent Republican Drayton Nabors.

Confidence in our appellate courts should not be eroded in this way.

We urge the Legislature to give serious consideration to bills that allow appointing these judges.