Articles Posted in The Judiciary

Selections from the Fair Courts e-lert May 28, 2010, published by the Brennan Center for Justice at New York University School of Law.

State Judicial Elections

1. Retired Justice Sandra Day O’Connor continues to advocate for states to replace contested judicial elections with merit selection systems. In an op-ed appearing in the New York Times, O’Connor urges individuals to pay attention to the selection of state court judges because “In too many states, citizens are being shortchanged by the way [state court judges] are chosen . . . . When you enter one of these courtrooms, the last thing you want to worry about is whether the judge is more accountable to a campaign contributor or an ideological group than to the law.”

Selections from the Brennan Center Fair Courts E-lert May 21, 2010.

Summarized news articles and editorials related to the independence of judges and the courts….:

1. A recent George Mason University study suggests that certain factors such as “support for diversity in the state’s leadership,” the “location of a judgeship,” and the “history of diversity” have a significant impact on the success of efforts aimed at enhancing diversity on the state bench – this, irrespective of the judicial selection mechanisms used in a given state. In a broad survey of state trial court judges of color, the report’s authors observed “that the varying selection mechanisms tend to operate to produce a surprising similarity in the processes, strategies, and experiences of judicial candidates . . . [R]ather than a specific selection mechanism, the judges [interviewed] overwhelmingly point to other factors – such as politics, networking, mentorship, and other resources as determinative of the ability of diverse candidates to become judges.” The American Judicature Society has released another important study on judicial diversity, by Malia Reddick, Michael J. Nelson, and Rachel Paine Caufield. The AJS study explores the relationship between judicial diversity and the institutional, political, and legal environment in which judges are selected. Among other conclusions, the study reported that “Merit selection and pure gubernatorial appointment placed more minorities on high courts than did contested elections, while merit selection placed fewer women on intermediate appellate courts.”

From: Fair Courts E-lert, May 7, 2010 Published by the Brennan Center for Justice, New York University School of Law.

1. Show Me Better Courts, a Missouri organization seeking to replace the state’s merit selection of judges with contested judicial elections, claims to have raised $1.5 million “to gather petition signatures” to put the organization’s proposal for a constitutional amendment on the November ballot. In a conference call with reporters, director of the organization James Harris said he expected “another $2 million to $4 million will be spent on the fall campaign if enough signatures are valid.” Missourians for Fair and Impartial Courts, “the group leading opposition to the measure,” and defending the so-called “Missouri Plan” has thus far raised approximately $268,000.

Dave Helling, The Battle Over Missouri’s Courts: A Million Dollar Bash, Kansas City Star, May 3, 2010.