Oct 10, 2023 3 min read

Retention elections hold judges accountable

On Tuesday, Nov. 7, voters will be asked whether to retain incumbent judges in county judicial districts and state courts. Retention elections are nonpartisan, uncontested, yes-or-no votes. If a retention candidate receives more “yes” votes than “no” votes, then the judge is retained for another 10-year term. In the Court of Common Pleas of Washington County, Judge Valarie Costanzo and Judge Michael Lucas are both sitting for their first retention since being elected in 2013.

The Washington County Bar Association (WCBA) is an organization of lawyers who practice law in Washington County. WCBA seeks to assist voters in retention elections by publishing the results of a poll of its members regarding the retention of Costanzo and Lucas. WCBA members have practiced before these judges, and their perspective should be valuable to the public. The results of that poll will be available in the next few weeks once ballots are received and counted.

Before voting, WCBA members are asked to consider a list of qualifications. The criteria – integrity, legal ability, diligence, and judicial temperament – are used to assess a retention candidate’s current performance.

To demonstrate integrity, a judge must refuse to allow his or her rulings to be influenced by the identity of the parties involved in the case. The judge’s rulings must be free of political, religious, racial, or other biases. A judge must avoid conduct which would give the impression that litigants or others can influence the judge.

A judge must possess a depth of understanding of standard and complex legal issues. Further, the judge must have the ability to render carefully reasoned, legally supportable decisions.

A judge must be diligent by being prepared and informed of recent legal developments. The judge should convene court reasonably on time and enter rulings with reasonable promptness. The judge should be accessible when unusual circumstances arise.

Regarding judicial temperament, the judge must be open-minded, and demonstrate a willingness to listen to all sides. Importantly, the judge must be impartial to all parties and must maintain an atmosphere of dignity in all court proceedings.

Retention is meant to provide a fair and nonpartisan way to hold judges accountable to the public. Please consider the above criteria, and the results of the WCBA poll, when deciding whether or not to retain Costanzo and Lucas.

Ricci Getty

Washington

Getty is the president of

the Washington County Bar

Association.