Home -> Law Blog Directory -> Litigation Blogs -> The Gavel
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Litigation
: The GavelShattering ?Myths About Electing Judges?
By Peter Hardin
With debate warming up over the way judges are selected, one expert says it’s time to “puncture” three myths about the election of judges to the bench.
Meryl Chertoff, director of The Aspen Institute’s Justice and Society Program, defines and attacks the “myths” in a Huffington Post commentary. Here is a summary:
- Judicial elections give the people control over who will be their judges. Not so, Chertoff says, because governors frequently pick someone to fill a midterm vacancy; judicial candidates often appear on a ballot with the advantage of incumbency; and it is not unusual in partisan election states for party bosses to designate candidates for the bench.
- Judicial elections are more democratic than an appointive or merit system. “If democratic selection means that judges are picked by those who put the most money into a judicial election,” she writes, “then what we really need is a dose of republicanism.”
- Merit selection is controlled by elitist lawyers. It doesn’t have to be that way, she explains, pointing to a system in Arizona where nominee screening commissions are required to have a majority of non-lawyers.
Judicial elections last week in Iowa and Kansas showed that special interest groups can mobilize to influence the outcome of merit selection (retention) races, just as they have done in partisan contests, Chertoff continues. But merit selection nonetheless will help bolster public confidence in fair and impartial courts, she concludes:
“But what merit selection does mean is that defeat of a controversial incumbent judge won’t result in election of a less-qualified challenger, that judicial races won’t involve blatant appeals to partisanship, and that these races generally will attract less money. That alone will help bolster the integrity and popular legitimacy of state courts.”
In a separate Huffington Post piece, Andrea Lyon, a Depaul University law professor, recaps last week’s outcomes in retention races in Iowa and Illinois and concludes with a defense of merit selection:
“We have three branches of government for a reason, and the judiciary should be selected on the basis of merit, not electability, and not because a group — whoever they may support — is willing to spend money to put a puppet with robes on the bench.“
Full post as published by The Gavel on November 11, 2010 (boomark / email).
Women and the Law
Women in the Justice System (judges, attorneys)
Pennsylvania Juvenille Detention
Judges Face Class Action

Who says popular election of state judges is "Fishy"
Justice Ginsburg: states should give up on electing judges
"Iowa Vote Shows the Injustice of Electing Judges"
"Electing judges -- with cash: Merit, not money, should sway judicial elections."
Beware rape myths, judges to tell jurors The Times
"Ex-Justice O'Connor: Electing judges puts courts at risk."







