The Debate Over the Selection and Retention of Judges: How Judges Can Ride the Wave
AN AMERICAN JUDGES ASSOCIATION WHITE PAPER The Debate over the Selection and Retention of Judges: How Judges Can Ride the Wave Mary A. Celeste here is a surge in the debate in the U.S. over the methods involve four different selection methods: lifetime appoint- of judicial selection and retention, with some rallying for ment, partisan election, nonpartisan election, and merit selec- Tmerit-selection plans, others continuing to support judi- tion and retention. These movements have been in a constant cial elections, and virtually no one proposing lifetime appoint- state of flux, with many states using constitutional amend- ments. The impetus for this surge may be related to three ments, legislative acts, ballot initiatives, and executive orders recent U.S. Supreme Court cases, Republican Party of Minnesota to both move in and out of the methods, and to make modifi- v. White,1 Citizens United v. Federal Election Commission,2 and cations short of complete overhauls. For example, 9 of 16 Caperton v. A.T. Massey Coal Co.,3 and to the exploding amount states that initially only used the appointment method of campaign funds raised in judicial elections. These factors switched to judicial elections for some level of their judiciary,5 seem to have once again brought to the forefront the judicial 14 states changed from partisan to nonpartisan elections,6 and election method and consequently revitalized the merit 15 states have changed from partisan or nonpartisan elections method, which had been dormant for three decades. Whether to some form of the merit method.7 When all is said and done, this boost in the debate is tantamount to a new movement, a over the last 234 years, this activity has resulted in 39 states continuation of an old movement, a blip on the radar screen, a deviating substantially from their initial selection method.
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