05/09/2007: "CC To Decide On Judgeship Question"

The County Council has set May 21 (a Monday) as the date to -hopefully- make a decision on the SJC judgeship question

The question is one they have asked of themselves, and is the result of SJC now being a new judgeship, and that means we need a new judge. A new judge that lives in SJC .

By state law the governor is to appoint the first judge for the County, but in the past the governor has waived that right, and allowed a judgeship to elect their judge. So the question the Council has posed is: Should the County ask the governor to wave her mandated requirement to appoint, so that the first selection of a county judge can be made by an election?

Based on a recommendation by fellow Councilman Gene Knapp (a retired attorney, and former SJC Prosecutor), the Council has decided that on May 21, starting at 10:00 a.m., they will hear arguments for, and against, the question of which is better for San Juan County, to have the new judge elected, or appointed. At the end of the discussion, the goal of the Council is to decide which direction they desire the Governor to go, and then forward that decision to her as a request.

We asked Current County Prosecutor Randy Gaylord, and retired District Court Judge John Linde, what their thoughts were on the question of appointment vs. an election. Gaylord said that he saw no reason to change the existing system that is in place. John Linde, who still has an active law practice, said that San Juan County has never had their own judgeship, and that he felt it would be best if the citizens of the county could select their first judge. Both Linde and Gaylord are actively seeking to be that first judge -no matter how the selection is to be made.

One of the concerns already expressed by some in the local legal community is, if the judge is appointed, does that then give an unfair advantage in future elections? The discussion on the 21st should be wide ranging and interesting. The bottom line of course, is that the Governor makes the final decsion; but she may be influenced by the wishes of the Council.