Merit Selection in Indiana: the Foundation for a Fair and Impartial Appellate Judiciary
MERIT SELECTION IN INDIANA: THE FOUNDATION FOR A FAIR AND IMPARTIAL APPELLATE JUDICIARY EDWARD W. NAJAM, JR.* INTRODUCTION Forty years ago the people of Indiana amended their constitution to provide for the merit selection and retention of appellate judges.1 After 120 years of partisan judicial elections, the amendment to article 7 of the Indiana Constitution was a significant, if not radical, departure. Under the Constitution of 1852, virtually all Indiana judges were elected on a partisan ballot, and appellate judges were swept in to office and out of office on political tides that had nothing to do with their judicial qualifications or performance. The Indiana Law Review has invited us to reflect upon Indiana’s forty years of experience with merit selection and to consider whether merit selection in practice has achieved its promise to remove appellate judges from partisan politics, to secure and retain able jurists, and to maintain a fair and impartial appellate judiciary. This Article will consider (1) the national judicial reform movement that led to Indiana’s revised Judicial Article, (2) the work of the Judicial Study Commission which recommended merit selection, (3) the debate in the Indiana General Assembly over adoption of the amendment to article 7 of the Indiana Constitution, (4) the campaign for ratification of the amendment, and (5) Indiana’s experience with merit selection, including a brief comparison with judicial elections in other states. The proper role of the courts has been an important topic since the earliest days of the republic. In Democracy in America, Alexis de Toqueville concluded, “Scarcely any question arises in the United States which does not become, sooner or later, a subject of judicial debate .
[Show full text]