However, I do not think that the voters are the ones who should decide how to interpret the laws. In concurrence, judges should not be part of the political system, for then they are beholden to someone and may not be impartial as they should. Judicature Socy, Diversity and the Judicial Merit Selection Process: A Statistical Report 24-28 (1999), available at http://www.judicialselection.us/uploads/documents/Diversity_and_the_Judicial_Merit_Se_9C4863118945B.pdf. One of the highlights and contributions of Chapter 5 is that Goelzhauser provides a detailed account of the myriad ways in which merit selection commissions vary across institutional metrics. I also am leery of having judges elected based upon what our current political system has become. What solutions would you impose? See Brennan Ctr. 895, 912-13 (1998); Jim Walker, The Politics of State Courts, in The Judicial Branch of State Government: People, Process, and Politics 171, 178 (Sean OHogan ed., 2006). In particular, empirical evidence suggests that reselection pressures pose unique and serious threats to the fairness of courts. Opponents argue that while neither the Republican nor Democratic state parties may hold much influence within the commission, the commission itself encourages factionalism and the creation of new informal political parties. 1. Presumably, these results would vary depending on which party is dominant in state politics. Sherrilyn A. Ifill, Judicial Diversity, 13 Green Bag 45, 48 (2009), available at http://www.greenbag.org/ v13n1/v13n1_ifill.pdf. Studies of the U.S. government study more individuals than parties. What is the difference between unitary and federal systems? The life tenure method of judicial selection is the means for seating Article III judgesjudges exercising judicial power vested by Article III of the U.S. Constitutionin the United States federal courts. 2. Election: In nine states, judges run as members of a political party. History has recorded cases in which certain judges of the Supreme Court have, in their single presence or in their single absence, made the difference in a ruling. States and would-be reformers should consider a new framework for judicial selection reform, rooted in what we know about how existing systems forward or impede important values, such as judicial independence, democratic legitimacy, and diversity on the bench. After implementing the merit selection plan, Missouri saw the rise of a two-party system within its nominating commission. Goelzhauser notes, All the speakers were attorneys or judges who knew the applicants in a professional capacity, and comments were uniformly positive (p. 27). A distorted pool can lead to distorted merit selection outcomes. sex offenders,8 and have touted their own record in upholding nearly 90% of all death sentences. 9, One impact of these trends is an increase in conflicts of interest for judges, with judges routinely hearing cases involving major campaign spenders. . One concern expressed about merit selection is the removal of direct public participation in the selection process, as compared to elections (p. 3). Judges should not be politically elected, because it would be disastrous to have judges act as politicians do. 3. Arguments against merit selection are: (1) it deprives citizens of their right of franchise; (2) it does not take politics out of judicial selection; (3) nominating commissioners are not . . In theory, these judges would be the best equipped to deal with the complicated questions of justice that judges see every day. Accessed 1 Mar. 4. In a 2001 survey of state supreme court, appellate, and trial judges, 46 percent said they believed campaign contributions had at least some impact on judges decisions.12 Indeed, a growing chorus of sitting and retired judges acknowledge the reality of election pressures. Goelzhauser, a political science professor at Utah State University, refers to this dearth as a black box (pp. 2022 American Bar Association, all rights reserved. He continues to traverse the merit selection process with an analysis of factors that influence commission nomination and the governors ultimate appointment. These trends put new pressures on state court judges, with the potential to impact the everyday lives of people across the country. At the time of the drafting of the Arizona Constitution, the Progressive Party and movement was very influential in American politics. Their knowledge of the law and how it can be applied to particular circumstances would allow them to resolve disputes in ways that are objectively correct. A nominating committee comprised of both lawyers and nonlawyers presents the governor with a list of nominees, from which the governor selects an appointee. By continuing to use this website, you consent to Duke University's usage of cookies and similar technologies, in accordance with the Duke Privacy Statement. The Supreme Court should not be subjected to the rank political machinations at the heart of court packing. Ads routinely use political signals, such as touting a judges conservative values or identifying endorsements from groups like the National Rifle Association. in Am. Nearly 90 years ago, U.S. Supreme Court Justice Louis Brandeis famously wrote: It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.26 Judicial selection in the United States is a wonderfully rich example of that maxim. Retention systems often include a merit based appointment system for selecting judges, thus eliminating the politics and uncertainty of judicial selection via contested election. Unlike a traditional nonpartisan election, the partisan primary allows for a more curated list of judicial candidates. The above two posts make it completely clear that it would be very dangerous to elect judges as politicians are elected. Proponents of Nevada's system of electing judges have argued that competitive election of judges is the most democratic way of ensuring that judges remain accountable to the people. 19. The important factor to consider is that judges should have independence from the approval of the executive and legislative branches of government, and the people, so they can fulfill the judicial attributes outlined in the U.S. Constitution. And the promise of higher-quality judges, greater diversity, and reduced partisanship seems to be highly dependent on whether the merit selection applicant pool is somehow distorted (p. 79). Not only is it difficult for the people to obtain any real information about their candidates, there is also . All rights reserved. 23. Similarly, partisanship emerges as a significant factor in whether a commission forwards a nomination to the governor, with Democrats (before controlling for professional experiences) and nonpartisans disadvantaged when compared to Republicans in some model specifications (p. 67). Each has its advantages and disadvantages. 21. 5. There are also normative questions about how to balance these values when they come into tension. As Ted Olson, the former Solicitor General and a prominent litigator, observed: The improper appearance created by money in judicial elections is one of the most important issues facing our judicial system today.11, These conflicts may also extend beyond appearances. 24. While initially all judicial elections were partisan, as the presence and force of political parties grew, corresponding concerns grew about the undue influence local parties exhibited over the courts. With the partisan election is makes the voting process go along much faster seeing as they can just head to one of 3 columns, either Democrat, Republican or Independent, and they don't have to sift through a huge list of people choosing which would be best to vote for. The goal of the jury system is to create a trial that includes the accused person's peers in the community. See Monika L. McDermott, Race and Gender Cues in Low-Information Elections, 51 Pol. A merit selection/retention election approach could conceivably be reserved for statewide races and for urban counties with large populations. As seen over the course of the past century, changes regarding civil liberties, reproductive rights, and religious freedoms have been secured through precedents established by judicial decisions. About half of all federal judges (currently 870) are Article III judges: nine on the U.S. Supreme Court, 179 on the courts of appeals, 673 on the district courts, and nine on the U.S. Court of International Trade.1. Merit selection was originally created to remove politics from the courts. Their job is to make impartial decisions that relate to the law on the case before them without prejudging any issues. The chief con with appointing judges is that, paradoxically, it may be just as political as letting regular voters select their judges. DeSantis appoints well-connected Republicans to Reedy Creek board, Christopher Sabella elected as Hillsborough Countys next chief judge, Tampa man who was first to face trial for Florida voter fraud in 2020 election gets probation, US court strikes down Gulf of Mexico charter boat tracking rule, Florida gun owners should be held responsible for securing their weapons | Letters, How about spending more on preventing crime? Far from it. A merit-based appointment system prevents voters from making this mistake. I highly recommend Judicial Merit Selection: Institutional Design and Performance for State Courts, as this work will be of great interest to students and scholars of judicial politics, comparative institutionalists, legal scholars, transparency advocates, and state officials. See Kate Berry, Brennan Ctr. The goal is to use a process that picks the best judge or the most qualified and experienced. What are the advantages and disadvantages of liberalism and radicalism? In the end, then, there is not really an objective "merit" that can be the basis for a "merit-based" method of appointing judges. Ideally, being able to elect judges seems like a fair concept. . 763, 763 (1971). Those who support electing judges indicate that the benefits include allowing voters the opportunity to provide accountability through self-government by the voters, awareness of the political preferences of judges to the voters, and more public control of a judicial system that is dealing with aggressive lawsuits, such as the recent tobacco and ongoing gun cases. In addition, otherwise qualified judicial candidates may avoid seeking positions altogether because of not wishing to engage in the politicking and campaigning that, as perceived by some, have little to do with judging disputes. However, any judicial appointment system is rife with cons as well. Judges have a number of important responsibilities, but there are a lot of pros to the job - all of which you should know about. 16. What that best way is, of course, subject to that debate. The theme this year is "Celebrate Your Freedom: Independent Courts Protect Our Liberties.". As such, the What are some pros and cons of appointed judges? An example of this can be seen during Earl Warrens tenure as chief justice of the U.S. Supreme Court.6 Despite being nominated to the court by President Dwight Eisenhower (himself a moderate conservative), the Warren Court took a decidedly liberal trajectory, overseeing such landmark cases as Brown v. Board of Education (1954), Miranda v. Arizona (1966), and Loving v. Virginia (1967), among others.7, Critics of the Article III life tenure system believe its insular nature is actively harmful, viewing it as undemocratic and lacking in accountability.8 With many Article III judges serving for decades, the various decisions authored over the course of their tenure directly impacted large swaths of the population that never consented to their appointment. And cons of appointed judges groups like the National Rifle Association deal with the potential to impact the lives., refers to this dearth as a black box ( pp identifying endorsements from groups like National! Equipped to deal with the potential to impact the everyday lives of people across the.. Prevents voters from making this mistake most qualified and experienced 1999 ), available at http:.... Political system has become candidates, there is also offenders,8 and have touted their own record in upholding nearly %! 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