Statement from BBA President Mark D. Smith in Response to Proposed “Independent Judicial Review”

In a free society, no judge should be shielded from legitimate criticism by those who disagree with decisions that fall within the judge’s discretion. At the same time, if the principle of judicial independence is to mean anything, no judge should be subject to calls for removal from the bench-even temporarily-for the exercise of that discretion.

An “independent judicial review” has a chilling effect on judicial independence.

The decisions derided by legislators have all been well within the bounds of appropriate judicial discretion as guided by the law. Efforts to remove Superior Court Judge Timothy Q. Feeley for his legitimate decisions with absolutely no misconduct or abuse of authority grievously compromise the constitutional separation of powers.