But his book is not limited to elections. Of all the methods he looks at, Shugerman claims that merit selection, which involves vetting by a panel of professionals and executive appointment to a first term, followed by retention elections, has yielded the most judicial independence.
It is currently employed in about 20 states. But he warns that it, too, may be adversely affected by the excessive campaign spending that preceded and may now be accelerated indirectly by Citizens United.
Shugerman, who joined the HLS faculty in , holds a Ph. His book grew from his dissertation, which received the Cromwell Prize of the American Society for Legal History in Margaret Marshall, the recently retired chief justice of the Massachusetts Supreme Judicial Court, now a senior research fellow and lecturer at HLS, used it this spring to introduce her students to the history of judicial elections in her seminar on judicial independence.
The process for filling vacancies on state supreme courts varies among states. In most states, the governor appointments a replacement justice, either outright or with assistance from a nominating commission. The most common reasons for a vacancy on a state supreme court include reaching the mandatory retirement age, retiring before the end of a term, death, or appointment to another office.
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Click here to contact us for media inquiries, and please donate here to support our continued expansion. Share this page Follow Ballotpedia. What's on your ballot? Jump to: navigation , search. Methods of judicial selection. Choose your state West Virginia Wisconsin Wyoming. Any inconsistencies are attributable to the original source. Hidden category: Pages with reference errors. Voter information What's on my ballot?
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How do I update a page? Election results. Privacy policy About Ballotpedia Disclaimers Login. Partisan elections. Nonpartisan elections. Michigan-Ohio method. Assisted appointment. Bar-controlled commission. Governor-controlled commission. Hybrid commission. We elect representatives in every branch of the government, including the judicial branch. However, in some cases, we do not elect judges. Someone in higher power appoints them. Why are there different ways for judges to take the bench?
Why do we elect some judges? Finding the answers to these questions can help you to better understand the judicial branch of government while also giving you more insight into how the legal system works. Harvard Law Today explains that electing judges can help to reduce the partisanship that comes with appointing them.
For example, if the executive branch appoints judicial positions and quite a few positions come open during the term of a specific leader, then that leader will appoint judges that follow his or her political leanings. It can create a very one-sided government that leans in one direction politically.
Appointed judges may also feel as if they cannot be completely independent in their decisions. To combat this issue, some judges go through the election process. However, the election process has its own disadvantages. Electing judges still bring in partisanship. While judges do not run on a political platform like politicians, it still is the same election process and same atmosphere. Therefore, it politicizes judicial elections. However, in an election, the main idea is a judge should be impartial.
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