A governor could appoint someone that would help them further their political agenda. The Most Risky Job Ever. Reporting on ISIS in Afghanistan. I would fear that a judge that is elected would owe a debt to his political supporters. The legislative branch is certainly designed to represent specific constituencies; to a lesser degree, the executive performs a similar function. In which areas do you think people's rights and liberties are at risk of government intrusion? Therefore, a successful case for merit selection must convince the public that there are inherent and incurable flaws in judicial elections. While electing judges is not a flawless system, it is better than alternatives. Goelzhauser notes, All the speakers were attorneys or judges who knew the applicants in a professional capacity, and comments were uniformly positive (p. 27). This first con hints at the real problem with a "merit-based" appointment system for judges: what is "merit"? In the most effective merit selection systems, this nominating commission is: In step two, the chief executive chooses the nominee from among the short list of candidates submitted by the nominating commission. What solutions would you impose? 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. Unlike a traditional nonpartisan election, the partisan primary allows for a more curated list of judicial candidates. WebMerit Selection with Retention Election Pros: Assures that candidates for judicial office have the experience, integrity, and temperament to perform the duties of office. 14. See Philip D. Oliver, Assessing and Addressing the Problems Caused by Life Tenure on the Supreme Court, 13 J. App. The only con I can see is that this takes some power away from the voters. It eliminates the role of money and significantly reduces the role of politics in judicial selection, and it negates the possibility of conflicts of interest that arise when a campaign contributor (whether lawyer or client) appears before the judge. For now, however, it is important to recognize the significant differences in how American judges are selected, and the pros and cons of each, and to continue to think hard about the best way to select judges going forward. It also has a plethora of problems which come with it as well. . in Am. Authorized Judgeships, Admin. Latest answer posted June 18, 2019 at 6:25:00 AM. Iowa Governor Kim Reynolds recently signed legislation that would increase her appointment power over the states judicial merit selection commission by removing the senior supreme court justice from the 17-member commission and giving the governor the authority to fill the particular seat. However, voter participation in primary elections tends to skew lower when compared with participation in general elections, with voters in primaries more often consisting of party loyalists rather than casual participants. Off. There are two primary methods of judicial selection: election and appointment. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.); see also Judith Resnik, Judicial Selection and Democratic Theory: Demand, Supply, and Life Tenure, 26 Cardozo L. Rev. See generally Kevin Costello, Supreme Court Politics and Life Tenure: A Comparative Inquiry, 71 Hastings L.J. The judicial processes vary from court to court depending on a particular state. What are the strengths and weakness of the legislative branch? It is also timely, as several states continue to tinker with the way judges are appointed. 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. However, the lack of accessible data makes it difficult for researchers and policymakers to compare and assess the performance of merit selection systems across states and precludes even the possibility of meaningful internal evaluation (p. 133). See Richard Watson & Rondal Downing, The Politics of the Bench and the Bar: Judicial Selection Under the Missouri Nonpartisan Court Plan (John Wiley & Sons., Inc. 1969). As Goelzhauser notes throughout the book, transparency gaps complicate assessment of merit selection performance from a multi-state perspective; however, Nebraskas merit selection system is representative of merit systems in a number of states, so the analyses and findings offer broader insights useful beyond Nebraska state lines.
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