Opinion

Watching democracy in action

Saturday, December 3, 2005

This past Thursday I was privileged to be a part of a process that goes to the very heart of democratic principles and ideals. As a member of the 11th District Judicial Nominating Commission, I along with the seven other members took part in the initial step of selecting a new District Judge to replace retired Judge John Battershell.

The public hearing was held in the District Courtroom at the Red Willow County Courthouse. In attendance were the seven applicants for the position along with well-wishers and on-lookers. In fact, the public seating area of the courtroom was almost filled.

Each applicant was allowed ten minutes to publicly state why they should be the next District Judge. They could either use the full 10 minutes themselves, let someone else speak on their behalf, or a combination of the two. After each person concluded their presentation, Nebraska Supreme Court Chief Justice John V. Hendry, who chaired the open meeting as well as the Commission meeting that followed, asked the public if there was anyone who wished to speak in opposition to that particular applicant. No one did.

At the conclusion of the public hearing, the Commission retired to the Commissioner's room for deliberations. It is the charge of the Commission to send two or more names forward to the Governor who makes the final decision and appoints our next District Judge. The Commission's eight members are equally divided between Democrats and Republicans, attorneys and lay members.

This part of the process is secret and confidential and no specifics are to be discussed between any member of the Commission and any other person not on the Commission. This is to ensure absolute openness during the Commission's deliberations. The debate and the discussion that ensued over the next four hours was one of the most impressive displays I've ever been a part of.

Everyone had studied the applicants closely and carefully. Everyone had done their homework and because of that, the tone of the discussions that took place was serious, frank, tempered, respectful, open, and on-task.

In fact, Chief Justice Hendry mentioned several times during our deliberations how impressed he was with the nature and quality of the questions, points, and perspectives raised by various Commission members. (He also said that the District Courtroom in the Red Willow County courthouse was one of the most magnificent he has ever seen).

At the conclusion of our discussions, an up or down vote was taken on each applicant. The names of the applicants chosen to move on in the process were to be taken by the Chief Justice back to Lincoln to be delivered to the Governor before the end of the day.

One of the attorney members of the Commission said at the end of the day that "Democracy is alive and well in Southwest Nebraska." I couldn't agree with him more. I was honored and privileged to be a part of this process and I know that any citizen looking in would have been impressed as well.

More than one Commission member said of all the boards and commissions they serve on, they believe without any question that this is the most important one, because it will effect judicial decisions made in this District for years, perhaps even decades, to come. The seriousness of our deliberations reflected the awesome responsibility that all of us felt.

By being a part of this process, I was once again reminded of the great country we live in and how wonderful it is to be an American.

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