Drug Testing for Judges: Should It be Mandatory?
In some states, they’re asking the question: should drug testing be mandatory for judges? Some people say that it’s an absolute necessity while others say that it should only be implemented with just cause.
Currently, in Tennessee, for example, the state law agrees with those who take a more cautious approach: drug testing is not currently required for judges sitting on the bench. Some are lobbying hard to get that law changed.
One supporter of the law change makes a blunt case for his cause. He says, “If you’re going to have somebody rule on a case like that I believe they shouldn’t be on crack, and not be under the influence.”
Few would argue with that point, but most judges would be insulted by the insinuation that they need drug tests. They worked hard to earn their spots on the bench and to imply that they might be slipping in their duties due to a drug addiction is difficult to do humbly. Few judges are known for their humility.
Unfortunately for those on the bench, not all in their profession have demonstrated the best behavior. Ex-judge Richard Baumgartner recently resigned from the bench and pled guilty to misconduct after admitting that he had a drug addiction problem. Many are concerned about whether or not his drug addiction may have hurt his decision making ability on the bench, and some say that this could have been avoided had there been random drug testing to stop him earlier in his drug addiction career.
Still, despite Baumgartner’s resignation, others say that that is no reason to submit everyone to blanket or random drug testing to reveal possible drug addiction problems without a reason.
Apparently, in Tennessee at least, it is not just sitting judges who are precluded from the random drug tests that are a part of every other government employee’s job: even those who are candidates for appointment to the bench may be able to legally get out of drug testing.
A representative for the Administrative Office of the Courts says: “The TBI might be able to provide more information about what that background check involves. My understanding is there is not a drug screening included. What we do is spelled out in the statutes, so if there’s changes that needs to be made that would be up to the legislature to do.”
What do you think? Should judges -both sitting judges and prospective judges -be drug tested as a matter of course or should they only have to submit to drug tests with good cause to believe that an actual drug addiction treatment is necessary?
