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The Endless Judicial Selection Debate and its Implications for the Future of an Independent Judiciary

21 Geo. J. Legal Ethics 1259 (2008)

Indiana Legal Studies Research Paper No. 85

25 Pages Posted: 11 Sep 2007 Last revised: 29 Jun 2013

Charles G. Geyh

Indiana University School of Law-Bloomington

Abstract

In this overview, I begin by describing the five different systems of state judicial selection that have evolved out of a perennial struggle to strike an optimal balance between judicial independence and judicial accountability. I then explore recent developments that have intensified that struggle, before analyzing, with reference to available research, how different selection systems counter or accommodate such developments. My purpose here is not to write (another) position piece. Rather, my purpose is to step back and contextualize disputes over judicial selection with reference to the independence and accountability issues that animate them, and to isolate what we know and don't know about the assumptions that underlie the arguments of the disputants, so as to better frame future study and debate.

Keywords: Judicial elections, Judicial appointment, Judicial independence, Judicial accountability, Judicial conduct, Judicial ethics, Merit selection, Judicial selection

Suggested Citation

Geyh, Charles G., The Endless Judicial Selection Debate and its Implications for the Future of an Independent Judiciary. 21 Geo. J. Legal Ethics 1259 (2008); Indiana Legal Studies Research Paper No. 85. Available at SSRN: https://ssrn.com/abstract=1012963

Charles G. Geyh (Contact Author)

Indiana University School of Law-Bloomington ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

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