Judges are hard to judge

One of the most frustrating aspects of election coverage for me has always been a judges’ race.

Under state law, a judicial candidate can't make any statements that a “reasonable” person would interpret as taking a stand or position on an issue or offering a glimpse into how they would rule in a case.

Although the regulations have recently been eased, Marcus Carey, who is a candidate running for the 6th District seat on the Kentucky Supreme Court, says the rule violates his right to free speech.

If a candidate did speak out on issues, it could compromise the judicial process and set up even more appeals based on the notion that the judge wasn't impartial.

It's a good law that keeps at least one group of candidates from bowing to perceived public opinion. If the system is to work, there must not be even a hint of political agenda on the part of the judge.

Carey is seeking an injunction so the rules won't be enforced during the upcoming election.

For reporters, the law creates some fairly difficult roadblocks as we try to inform our readership. If you take issues off the table, all you're left with is education, hobbies and a few "I promise to be fair and balanced" clichés.

How are voters supposed to make an informed decision about judges?

Being a good American, I'm proud of the fact that I have voted in every election I have been eligible. I will also admit that my decisions regarding judicial races haven't always been that sound. My decisions are usually something personal like whether or not the judge allows cameras in court, is their staff helpful, do they treat reporters with a modicum of respect or would they let me out of a speeding ticket. It's probably not the best way to make a decision concerning such an important position, but a judge's record can only tell you so much.

The public doesn't have the access to judges that the media does, and I doubt they care enough to follow a particular judge's rulings. Making an informed decision almost seems impossible.

Changing the law would only drag politics into the courtroom. With the current climate, any candidate willing to cuddle with the active voting groups would likely win an election. Those people would expect that judge to follow their doctrine regardless of legal precedent or the merits of the case. Judges' benches could become a revolving door.

There isn't a particularly attractive solution here.

••••••

The word “circus” doesn't do the Roger Clemens' traveling three-ring extravaganza justice.

There were some pretty heavy-duty media types there — well, heavy-duty media if you watch ESPN. For those preferring Oprah Winfrey to Baseball Tonight, the event may have been a bit underwhelming.

During my career, I have been to a few of what I would consider big media events.

But as they say in the movies ... This time, it's personal.

For the millions of people out there who don't know, I'm something of a baseball fan. I have a lot of respect for what Clemens has achieved over the past 15 years. His record reflects one of the great pitching careers in baseball history.

And now, Lexington will be part of that history.

I can't say enough nice things about the Lexington Legends staff. They were very accommodating considering the circumstances. I saw no snags. From wireless connections to cheeseburgers, every member of the media seemed to be well provided for.

In the stands, I sat between a beat writer from the Houston Chronicle and a freelance video crew working for ESPN. I think it was the first time any of them had been to a minor league game.

When Clemens started his warms-ups, the crowd screamed with every pitch.

Following the game, Clemens held court in the media tent. The questions varied from the predictable to the subtle.

"How did it feel out there?"

"Did your cutter have its snap?”

"Was it fun playing with your son?"

Clemens, the old pro, answered each one with a direct and thorough response.

Although I didn't ask any questions during the press conference, I thought of a good question as soon as he left the podium.

I decided I would approach him and pose my question directly. I swear on a stack of Editor and Publisher, I had no intention of asking for an autograph. The thought only flashed through my head for 30 or 40 seconds but I'll admit, those were 30 or 40 very long seconds.

I followed Clemens as he made his way through a crowd of team officials and VIPs.

Then, I was standing right beside him — the greatest pitcher of our generation.

"Mr. Clemens?" I asked.

Then, the man with two World Series rings and seven Cy Young awards slowly turned to me, glanced at my eyes and turned away.

He walked away quickly into the darkness and clubhouse beyond.

Now, as a reporter, I have been ignored, berated and antagonized by many subjects.

This time, it was different.

I had been ignored by the best.

Now, I have something to tell the grandkids.

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