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Choosing State Supreme Court Justices

Author: Greg Goelzhauser

Publisher: Temple University Press

Published: 2016-06-15

Total Pages: 0

ISBN-13: 9781439913390

Since 1940, more than half of all states have switched at least in part from popular election or elite appointment to experiment with merit selection in choosing some or all of their state supreme court justices. Under merit selection, a commission—often comprising some combination of judges, attorneys, and the general public—is tasked with considering applications from candidates vying to fill a judicial vacancy. Ostensibly, the commission forwards the best candidates to the governor, who ultimately appoints them. Presently, numerous states are debating whether to adopt or abolish merit selection. In his short, sharp book, Choosing State Supreme Court Justices, Greg Goelzhauser utilizes new data on more than 1,500 state supreme court justices seated from 1960 through 2014 to answer the question, Does merit selection produce better types of judges? He traces the rise of merit selection and explores whether certain judicial selection institutions favor candidates who have better qualifications, are more diverse, and have different types of professional experience. Goelzhauser’s results ultimately contribute to the broader debate concerning comparative institutional performance with respect to state judicial selection.

Judicial Merit Selection

Author: Greg Goelzhauser

Publisher:

Published: 2019-02-22

Total Pages: 217

ISBN-13: 1439918082

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The judicial selection debate continues. Merit selection is used by a majority of states but remains the least well understood method for choosing judges. Proponents claim that it emphasizes qualifications and diversity over politics, but there is little empirical evidence regarding its performance. In Judicial Merit Selection, Greg Goelzhauser amasses a wealth of data to examine merit selection's institutional performance from an internal perspective. While his previous book, Choosing State Supreme Court Justices, compares outcomes across selection mechanisms, here he delves into what makes merit selection unique--its use of nominating commissions to winnow applicants prior to gubernatorial appointment. Goelzhauser's analyses include a rich case study from inside a nominating commission's proceedings as it works to choose nominees; the use of public records to examine which applicants commissions choose and which nominees governors choose; evaluation of which attorneys apply for consideration and which judges apply for promotion; and examination of whether design differences across systems impact performance in the seating of qualified and diverse judges. The results have critical public policy implications.

Judicial Selection in the States

Author: Herbert M. Kritzer

Publisher: Cambridge University Press

Published: 2020-04-30

Total Pages: 401

ISBN-13: 1108853684

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Using detailed case studies of the relevant US states, Herbert Kritzer provides an unprecedented examination of the process and politics of how states select and retain judges. The book is organized around the competing goals of politics and professionalism, namely whether the focus in choosing judges should be on future judicial decisions (court outputs) or on the court processes by which those decisions are reached. Or, in considering who should be a judge, whether the emphasis should be on political credentials or on professional credentials. One important finding is that political concerns have surpassed professionalism concerns since 2000. Another is that voters have been more supportive of professionalism in selecting appellate judges than trial judges. Judicial Selection in the States should be read by anyone seeking a deep understanding of the complex interplay between politics and the judiciary at the state level in the United States.

Standards on State Judicial Selection

Author: American Bar Association. Commission on State Judicial Selection Standards

Publisher:

Published: 2001

Total Pages: 74

ISBN-13:

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"The Standards on State Judicial Selection were approved by the American Bar Association House of Delegates in July 2000"--Prelim. p.

Choosing Justice

Author: Charles H. Sheldon

Publisher: Washington State University Press

Published: 1997

Total Pages: 314

ISBN-13:

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How judges weigh the competing demands of public accountability and judicial independence often is influenced by the process that recruits them to the bench. In Choosing Justice, the authors provide an analytical framework for measuring how the different modes of selection influence the behavior of elected and appointed judges. Using case studies, Sheldon and Maule apply an articulation model to state and federal selection experiences in order to understand why some judges accept a degree of accountability for their policy decisions, while others feel free to ignore political pressure.

Deciding to Decide

Author: H. W. Perry

Publisher: Harvard University Press

Published: 2009-06-01

Total Pages: 332

ISBN-13: 9780674042063

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Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.

The Selection and Tenure of Judges

Author: Evan Haynes

Publisher: The Lawbook Exchange, Ltd.

Published: 2005

Total Pages: 328

ISBN-13: 1584774835

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Haynes, Evan. The Selection and Tenure of Judges. [Newark]: The National Conference of Judicial Councils, 1944. xix, 308 pp. Reprint available January, 2005 by the Lawbook Exchange, Ltd. ISBN 1-58477-483-5. Cloth. $85. * With an introduction by Roscoe Pound. Haynes offers a comprehensive overview of the factors that determine judicial selection in the United States. It is also a useful history of the subject from the colonial era to 1943. Written with input from Pound, Haynes offers a sociological analysis enriched with an impressive body of statistical data. He examines such factors as class and region affiliation, and whether elected judges are more liberal than their tenured colleagues. He also compares American practices to those in Great Britain, Canada, France, Italy, Germany, Scandinavia and Latin America. Warmly received when it was first published, it is recommended by Willard Hurst in The Growth of American Law: The Lawmakers (see p. 454).