Designing an appointive system: the key issues.(Rethinking Judicial Selection: A Critical Appraisal of Appointive Selection for State Court Judges)

From: Fordham Urban Law Journal | Date: January 1, 2007| Author: | Copyright information

A leading scholar of state judicial elections has estimated that more than eighty-seven percent of state judges go before the voters at some point in their careers. (1) This figure, endlessly repeated in the literature, has fostered a perception of the ubiquity of judicial elections. (2) Yet one might as readily argue that it is appointment, not election, that dominates judicial selection in the states. Twenty-one states initially appoint the judges of their general jurisdiction courts, while another four states appoint at least some of their trial judges. (3) Twenty-two of the ...

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