JACKSON - Judges should stay away from so-called "hot button" political issues to avoid fixed opinions that might conflict with codes of conduct and the inherent fairness of the courts, a Mississippi Supreme Court candidate said in a debate televised Sunday.
In 2002, the U.S. Supreme Court ruled that judicial candidates may talk more freely about issues like abortion and school prayer while campaigning.
Candidates for any office, including a judgeship, cannot be barred from discussing issues, the Supreme Court ruled. The high court, in throwing out limits in Minnesota, said the rules impose an unconstitutional gag order.
Mississippi Presiding Justice Bill Waller Jr., who is seeking re-election Tuesday to the Central District, Position One office he has held since 1997, said candidates for judge are prohibited from making a pledge or promise on issues of any shape.
He said the decision in the Minnesota case does allow candidates to give their opinions on issues.
"For instance, my personal opinion is that I am pro-life, but I have to, so that it is not a fixed opinion, also say that I have sworn by my oath to follow the constitution and the laws of the United States and the state of Mississippi, which is true," Waller said.
"I am not going to take a fixed position, one, because it is against the code of conduct, and two, my oath is to be fair and follow the law and that is what I need to do," he said.
Waller and his opponent, Byram attorney Richard Grindstaff, appeared in a debate sponsored by the League of Women Voters of Mississippi and WLBT-Channel 3 of Jackson. It was taped Wednesday and broadcast Sunday. The election is Tuesday.
Grindstaff said a judicial candidate cannot say how he would rule in a case that would come before the court. But, he said: "I think if people … have their own personal opinion, I don't see any reason why the voters should not know what those positions are. It doesn't mean they are going to rule in that manner."
Grindstaff said he is opposed to abortion and supports a constitutional ban on gay marriage.
"I think these are important things that people need to be aware of. My position on that doesn't necessarily mean how I will rule on them when I am a justice," he said.
Waller said the Supreme Court by July had erased a decades backlog of cases. "My record is clear that I have been a hard worker. I have been part of a team that has brought the court current for the first time in decades," Waller said. "I have been an advocate of positive court reform."
Grindstaff said he has practiced 16 years in nearly every kind of court in Mississippi. "I think it is important that we have somebody on the court who has dealt with the individual, understands what happens in the court system and how they impact the individual," he said.
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