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Bill Filed in Arkansas House Would Remove Elections for Supreme Court Justices

By: Lauren Trager, KARK 4 News
Updated: February 26, 2013
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Undemocratic and unconstitutional. That's what some are calling a bill filed at the state capitol that would take away your right to vote for supreme court justices in the Natural State.

The bill proposes a change to the Arkansas Constitution allowing a 15-member panel, selected by the governor, the Bar Association and a few others, to decide who would rule over state's highest court.

And some we talked to say that could be a big problem for you.

"It's as undemocratic as you can possibly be," said Faulkner County Prosecutor Cody Hiland.

Hiland says he simply had to speak up about his concerns over House Joint Resolution 1005.

Right now, supreme court justices are elected in popular votes, but under this bill, that would change.

"I think it's elitist and exclusionary; and I think it's concerning to the public that this was even considered," Hiland said.

Republican Rep. Matthew Shepherd of El Dorado says he's bringing this bill because appointments instead of elections would insulate justices from the pressures of having to raise campaign dollars or publicly disclose their opinions.

"It gives up an opportunity to do something to protect the judiciary and the independence of the courts," said Shepherd.

Sheperd says he modeled the proposed system off other states, but under his plan voters would get to decide if justices could keep their seats after a certain amount of time.

"It still preserves the right of the people to have their voices heard," Shepherd said.

But Hiland disagrees. He says a small group of people on the nomination panel would have an incredible amount of unchecked power.

"I think this creates a lack of accountability among public officials, and I think that's a dangerous thing," Hiland said.

The bill hasn't yet been discussed in committee, but if it does pass the legislature, it would be placed on the ballot for Arkansans to decide if it's right for them.

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