State Judicial Selection: Once More Unto the Breach

By Michael DeBow
March 20, 2008
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....