A California judicial election this week had a result worthy of a Seinfeld episode: a bagel store entrepreneur defeated a highly-rated, twenty-year state court judge. The outcome is attributed to three things: the self-financed winner's bigger campaign war chest ($100,000 to $42,000); the incumbent's foreign name (Janavs) and accent; and, taken almost for granted, popular inattention to the obscure race. The Election Law Blog and the Los Angeles Times story tell more about this capricious result.
Over on the other coast, a New York state appeals court this week conducted an extraordinary two hour hearing in a lawsuit, brought by reform advocates, against state laws that give party leaders control over judicial candidate selection. The New York Daily News thinks the reformers are going to win. But if they do, and elections to the state courts become more like the rest of our elections, will the cautious among us henceforth seek permission to approach the bagel counter?
It just so happens that last Sunday in Greece, the birthplace of democracy, a Deliberative Poll was used to head off such a dilemma. George Papandreou, leader of the opposition party Pasok, wrote an op-ed in the International Herald Tribune describing the DP and, indirectly, events of the next few days in California and New York as well.
"Citizens who do participate [in primary or other elections] do not always have the time or motivation to become properly informed about candidates' positions or topical issues. People often vote on the basis of name recognition and a superficial impression of sound bites broadcast through the news media.
"So what is the alternative? In most countries, parties that do not use the mass primary usually leave the nomination of candidates to party elites. Democratic reformers face an unsatifactory choice between primaries and elites - between politically equal but relatively uninformed masses, or better-informed but unequal party players.
"Is there a way out of this dilemma? Is there a way to include an informed and representative public voice in the nomination process? A solution can be found in the practices of ancient Athens, where hundreds of citizens chosen by lot would regularly deliberate together and make important public decisions."
The use of a Deliberative Poll to determine a political nomination is a first; but DPs and other deliberative democracy tools are increasingly in use to make political decisions. The most prominent example is that of the British Columbia Citizens' Assembly in 2004, which led to a plebiscite on whether to adopt a proportional electoral system; a DP was used in a southern Chinese town last year to decide how to spend its infrastructure budget.
Judicial elections in the United States are becoming more like the rest of our politics, with campaign money playing a prominent role. Unless that changes, Lady Justice may someday wind up exchanging her scale for a disposable Greek coffee cup.