Should Congress eliminate the Judicial Nomination Commission and allow the President to nominate D.C. judges directly?
H.R. 5125 would change how judges are chosen in Washington, D.C. This bill would eliminate the Judicial Nomination Commission, which recommends candidates for judicial appointments, and instead allow the president to nominate judges directly rather than choosing from a list formulated by the commission. It would also update the rules and qualifications for judges to reflect the removal of the commission.
Sponsor: Rep. Pete Sessions (Republican, Texas, District 17)
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Opponents say
• "The bill, as it is, is fixing a non-problem. The JNC is doing a great service by providing a qualified list of people ready for local court service to a president who has a million things on their list to do already. What has consistently been the problem that the proposed bill doesn't correct for at all is the inaction of the U.S. Senate." Source: Misty Thomas Zaleski, executive director of the Council for Court Excellence
• "Eliminating the Commission on Judicial Nomination, which recommends candidates for the Court of Appeals to the Governor, would further politicize the judiciary and erode the public’s faith in our court system. The Commission is appointed by all three branches of government, and serves as an effective mechanism to ensure that the Governor’s nominees are made on merit. The Commission also is essential to keeping our judicial branch independent and inoculated from political horse trading between the legislative and executive branches. The public must have confidence that our judicial system is run by, and composed of, judges who can exercise independence and focus on the fair and impartial administration of justice." Source: Betsy Gotbaum, Executive Director at Citizens Union, in a statement made on the organization's behalf
• "For every U.S. state and territory that appoints its own judges, there is no role for the federal government. This bill is simply another Republican attempt to gut the nonpartisan judiciary and put partisan right-wing judges in its place." Source: Rep. Robert Garcia (Democrat, California, District 42)
Proponents say
• "We must change the way judges are selected. It is important we do this because I believe D.C. needs a new system. Whether it is a Republican or Democrat in the White House it is important for them to make decisions and not have to wait on a Commission. Prioritizing actions that allow the court to do its job is what this bill is all about." Source: Rep. Pete Sessions (Republican, Texas, District 17)
• "This legislation aligns the appointment of D.C. judges with the Constitutional process for appointing members of the Federal judiciary. This bill preserves the President’s authority to nominate, with the advice and consent of the U.S. Senate, anyone deemed appropriate to sit on the D.C. Court." Source: Rep. James Comer (Republican, Kentucky, District 1), chair of the House Oversight Committee and lead official of the impeachment inquiry
- Nomination and Appointment of Judges (Judicial Nomination Commission)
- DC Courts Face Crisis Waiting for Judicial Appointments, Says Chief Judge and Attorneys (DC Witness)
- Nomination Commission Begins First Steps to Address DC Judge Shortages (ABC 7 News)
- Rethinking Judicial Nominating Commissions: Independence, Accountability, and Public Support (Alabama Law)
- Rep. Pete Sessions’ Largest Donors (OpenSecrets)
