A Call for Change: Improving Judicial Selection Methods
Jason J. Czarnezki
Vermont Law School - Environmental Law Center
Marquette Law Review, Vol. 89, 2005
Marquette University Legal Studies Paper No. 06-14
Empirical data show that, despite the significant electoral success of state court judges, elections still impact judicial decision-making, and elected judges are less consistent in their voting patterns than appointed judges. In addition, if interest in state judicial elections continues to wane and these contests are not robust, states no longer even benefits from the participatory advantages of an elective system. Using the State of Wisconsin as an example, this Article suggests that Wisconsin and other state legislatures, with the support of bar associations and academics, should revisit the historical underpinnings of judicial elections, and consider both whether electing judges conforms with the historical goals of having an elected judiciary and whether the available empirical data support the belief that elected judges can be systematically consistent and independent in the decision-making process.
Number of Pages in PDF File: 11
Keywords: Courts, judges, judicial selection, election, voting
JEL Classification: K4Accepted Paper Series
Date posted: July 27, 2005
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