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What do Americans want in their state judges?
What remains unknown is whether these systems actually address the kinds of qualities citizens value in their state judges. Since 1946, the most frequent change has been to adopt some kind of system that proponents describe as "merit selection" that constrains the governor or other selecti...
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Published in: | Judicature 2021-04, Vol.105 (1), p.48-59 |
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Main Author: | |
Format: | Article |
Language: | English |
Subjects: | |
Online Access: | Get full text |
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Summary: | What remains unknown is whether these systems actually address the kinds of qualities citizens value in their state judges. Since 1946, the most frequent change has been to adopt some kind of system that proponents describe as "merit selection" that constrains the governor or other selecting authority to choose from a list of candidates nominated or approved by a screening body. In a recent book, Charles Geyh, who has long favored appointment over election,6 acknowledged that there are some good reasons for preferring elective systems, especially for state supreme courts.7 Geyh goes on to note, however, that much of the debate has focused on appellate judiciaries, and argues that contested elections for trial court judges may be even more problematic. "8 He points out the research that has found perverse effects of the election cycle on criminal sentencing in states where trial judges stand for retention in potentially contested partisan or nonpartisan elections.9 In contrast, state appellate courts, particularly courts of last resort, have a significant lawmaking function, particularly regarding common law issues; moreover, the decisions of state supreme courts are rarely subject to review by the U.S. Supreme Court.10 Given the greater policy role of appellate courts, electing the judges of those courts seems more justifiable. [...]one must be careful in interpreting results based on MTurk samples, because there are some known biases, including overrepresentation of males, political liberals, persons under 45, and those with at least a college education. |
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ISSN: | 0022-5800 |