State Judicial Selection: Once More Unto the Breach

March 20, 2008

Michael DeBow

Another election season approaches and with it the debate over the proper mechanism to select state judges. This has been a recurring debate in American politics, and today’s critics of judicial elections show no sign of fatigue. The ABA and various state bar associations, the American Judicature Society, and quite a few academic and judicial critics have recently been joined by retired Supreme Court Justice Sandra Day O’Connor in the attack on judicial elections. This article offers, by contrast, a look at the seldom-heard arguments in favor of electing judges, and raises significant questions about the alternatives urged by some of the critics....

State Judicial Selection: Once More Unto the Breach