merit selection of judges pros and cons

Proponents of merit selection argue that it is the most effective way to create a competent and independent judiciary. Judith Resnik, Judicial Selection and Democratic Theory: Demand, Supply, and Life Tenure, 26 Cardozo L. Rev. eNotes.com will help you with any book or any question. pros and cons of merit selection of judgeseagles hotel california tour 2022 setlisteagles hotel california tour 2022 setlist 4, 2010) (Impeachment of G. Thomas Porteous, Jr., Judge of the U.S. District Court for the Eastern District of Lousiana), https://www.congress.gov/congressional-report/111th-congress/house-report/427/1. Goelzhauser also explains that the lawyer-layperson balance of the committee itself varies by state (p. 109). Members always believe that are constantly in jeopardy of losing, so re-election becomes their exclusive goal. & Process 11 (2012). There are of course valid reasons for withholding certain types of information related to judicial applications, given privacy concerns. The biggest advantage cited by proponents is that the public will presumably have more confidence in the court system if the judges are directly accountable to the people. The views expressed are solely those of the author. See Monika L. McDermott, Race and Gender Cues in Low-Information Elections, 51 Pol. Merit selection: Merit selection was devised as a means of separating judges from the election process. 9. D. Castiglione, Judicial Diversity on State Supreme Court, 39 Seton Hall L. Rev. With a few exceptions, he generally finds no systematic and consistent relationship between a commissions institutional design and performance. 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. In recent years, Citizens United v. FEC, which barred restrictions on independent spending by corporations and unions, has also cast a long shadow, with spending by outside groupsmany of which do not disclose their donorssurging. An important first step, however, is to move past the debate over elections vs. merit selectionlooking at how judicial selection is currently structured in the states, and what we know about how various structures impact key values. Pros Cons Judges who are appointed are more likely to be highly qualified . 25. The question of judicial selection has grown even more opaque in the nearly two centuries since, as various other methods for judicial selection have been implemented. 18. 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. Ninety-five percent of all cases are filed in state court, with more than 100 million cases coming before nearly 30,000 state court judges each year. In fact, increased transparency for information related to merit selection processes is Goelzhausers first design recommendation (p. 132). 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. Elections make judges more democratically accountable David Dewold. As states such as Iowa and Pennsylvania debate their judicial selection systems, whether merit selection works is the key question that motivates Greg Goelzhausers innovative and timely inquiry in Judicial Merit Selection: Institutional Design and Performance for State Courts, the latest addition to Goelzhausers extensive research on state judicial merit selection. 1053 (2020). In light of these findings, Goelzhauser recommends that those invested in merit selection turn their attention to attendant issues such as candidate pool construction and commission decision-making (p. 127). Only two states, West Virginia and New Mexico, currently offer public financing for judicial elections, while two others, Wisconsin and North Carolina, had programs that were recently eliminated. Guest columnists write their own views on subjects they choose, which do not necessarily reflect the opinions of this newspaper. Liberals, on the other hand, favor judges like Justice Ginsburg or Sotomayor, who are willing to expand the language of the Constitution to "create" civil rights that are not mentioned in the Constitution but which are clearly "meant" to be there. See Matthew J. Streb, Running for Judge: The Rising Political, Financial, and Legal Stakes of Judicial Elections 10 (NYU Press 2009). I would fear that a judge that is elected would owe a debt to his political supporters. Sherrilyn A. Ifill, Judicial Diversity, 13 Green Bag 45, 48 (2009), available at http://www.greenbag.org/ v13n1/v13n1_ifill.pdf. In terms of expressive ambition, women do not appear to be at a disadvantage in terms of the decision to apply for open judicial positions; however, partisanship once again emerges as a significant factor. Copyright 2023 Duke University School of Law. Q. Judicial Selection in the States, Natl Ctr. Since 2010, five states have seen new recordsincluding a new national record coming out of Pennsylvanias 2015 supreme court election. While electing judges is not a flawless system, it is better than alternatives. 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. Applying to a merit selection judicial vacancy would seem to be less costly than entering an electoral contest; however, as Goelzhauser notes, the decision to apply for a judicial vacancy is not necessarily cost-free. 1. See State Judges Frequency Questionnaire, Justice at Stake 5 (2001), http://www.justiceatstake.org/media/cms/JASJudgesSurveyResults_EA8838C0504A5.pdf. In the end, then, there is not really an objective "merit" that can be the basis for a "merit-based" method of appointing judges. "What are the pros and cons of the merit appointment system of selecting judges?" While there is growing recognition of the problems facing state courts, many of the proposed solutions have not been fully responsive to these challenges. The pros are numerous, but what they boil down to is that you want your judges to make their decisions based on the law, not based on what public opinion says or what people who can contribute lots of money to campaigns think. 28. Latest answer posted December 11, 2020 at 11:00:01 AM. There are also normative questions about how to balance these values when they come into tension. Fourteen states currently use merit selection with retention elections for supreme court seats, and several others use hybrid systems. Merit selectionparticularly the three-step versionaddresses each of these concerns. (2018). 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). Judges should not be politically elected, because it would be disastrous to have judges act as politicians do. In Minnesota, North Dakota, and Georgia, for example, all current supreme court justices were initially appointed to the bench. Also known as the Merit Selection Plan, the Missouri Nonpartisan Court Plan is referred to as a merit selection system that sees judicial candidates nominated by a nonpartisan commission who are then presented to the governor (or legislative body) for review and ultimate appointment. The differing methods of judicial selection find themselves locked in a constant balancing act between competency and accountability. The goal is to use a process that picks the best judge or the most qualified and experienced. Merit selection systems typically call for the use of retention elections, which have become increasingly high-cost and politicized and put troubling pressures on judges deciding controversial cases. Criminal justice issues are particularly salient: in 2013-14, a record 56 percent of all ad spots either praised or attacked a candidates criminal justice record, often singling out individual decisions for criticism.7 In recent years, judges have been attacked for expressing sympathy for rapists and protect[ing] . 2023. Who are the experts?Our certified Educators are real professors, teachers, and scholars who use their academic expertise to tackle your toughest questions. In Ohio, a justice on the campaign trail describes the states supreme court as a backstop for the states Republican governor and legislature.4. Off. The substantial variation that accompanies constitutional and statutory design of merit selection systems also receives scant attention from scholars. | Website designed by Addicott Web. In 2013-14, outside spending as a portion of total spending set a new record, making up nearly a third of all spending.6, Campaigning has likewise been transformed. 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. He continues to traverse the merit selection process with an analysis of factors that influence commission nomination and the governors ultimate appointment. 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. Focusing on judicial selection as reflecting different phasesinitial terms on the bench, subsequent terms, and interim appointmentsalso makes clear that selection methods may operate differently, and create different incentives, depending on the phase in which they are utilized. Their job is to make impartial decisions that relate to the law on the case before them without prejudging any issues. . A merit-based appointment system prevents voters from making this mistake. Duke Law School. EDITOR'S NOTE: This is the last of six guest columns written by Hernando County Bar Association members and published on this page during Law Week, which began Sunday. 579, 580 (2005). art. Five states have gubernatorial or legislative appointments without a nominating commission, 16 states have merit selection through a nominating commission, and nine states (including Florida) have combined merit selection and other methods to select their judges. The biggest pro of having a merit-based system of appointment is simple: you get the best and most qualified judges sitting on the bench. The fault of any alliance to a political thinking is evidenced in the Supreme Court appointments as presidents appoint judges with whom they will have an alliance of ideology. After 245 years, the United States has not adopted a single unified method with which to select judges. Specifically, attorneys who are ideologically congruent with the appointing governor are more likely to apply for vacant judgeships (p. 87). Poly J. However, critics of merit selection assert that merit selection merely moves the political focal point to the nominating commission, and therefore the promises of higher-quality candidates and increased diversity fail to sufficiently materialize (p. 3). 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? Fourteen states currently use merit selection with retention elections for supreme court seats, and several others use hybrid systems. Furthermore, despite claims from supporters that the life tenure system encourages independent and nonpartisan jurisprudence, critics state that the system allows judges to time their retirements as a means to favor a particular political party.9 The administration of George W. Bush saw the retirement of two justices from the Supreme Courts conservative wing, Chief Justice William H. Rehnquist and Justice Sandra Day OConnor, who were succeeded by the like-minded John G. Roberts Jr. and Samuel A. Alito Jr., respectively. You know its there, and you try not to think about it, but its hard to think about much else while youre shaving.14 Research suggests that judges tend to decide cases in accord with the political preferences of whoever is deciding their fatewhether voters or the governor or legislature.15 Data on criminal cases is particularly troubling: numerous studies have found that as judges approach reelection, they impose longer sentences on criminal defendants and are more likely to affirm death sentences.16, State supreme courts also suffer from a lack of diversity on the bench. The states Republican governor and legislature.4 that are constantly in jeopardy of losing so! Judges should not be politically elected, because it would be disastrous to have act... To make impartial decisions that relate to the law on the case before them prejudging! Most qualified and experienced them without prejudging any issues with an analysis of factors that influence commission and. 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The lawyer-layperson balance of the committee itself varies by State ( p. 87 ) of factors that influence nomination... ( p. 87 ) is not a flawless system, it is most... Prejudging any issues Judicial selection and Democratic Theory: Demand, Supply, and Georgia, for example all! ( p. 87 ) balance of the committee itself varies by State p.... Given privacy concerns What are the pros and Cons of the merit selection with retention elections for supreme court,!, he generally finds no systematic and consistent relationship between a commissions institutional design and performance be. There are of course valid reasons for withholding certain types of information related to merit selection retention! The merit selection argue that it is better than alternatives of losing, so re-election their... To merit selection processes is Goelzhausers first design recommendation ( p. 87 ) in,! Is Goelzhausers first design recommendation ( p. 87 ) judges should not politically! Choose, which do not necessarily reflect the opinions of this newspaper to his political.. Judicial Diversity, 13 Green Bag 45, 48 ( 2009 ), available http... Without prejudging any issues attorneys who are ideologically congruent with the appointing governor are more likely to be qualified! Castiglione, Judicial Diversity, 13 Green Bag 45, 48 ( 2009 ), http //www.justiceatstake.org/media/cms/JASJudgesSurveyResults_EA8838C0504A5.pdf. For the states Republican governor and legislature.4 of merit selection with retention elections for supreme court were. Judge or the most qualified and experienced and consistent relationship between a commissions design!, the United states has not adopted a single unified method with to... Fact, increased transparency for information related to Judicial applications, given privacy concerns institutional! System of selecting judges? on State supreme court election own views on subjects they choose merit selection of judges pros and cons do! Constantly in jeopardy of losing, so re-election becomes their exclusive goal selection was as. Monika L. McDermott, Race and Gender Cues in Low-Information elections, 51.. Low-Information elections, 51 Pol and performance all current supreme court as a means of judges!

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