Judicial Selection

In a recent national survey asking about the importance of 12 characteristics of judges, survey respondents indicated that the public prizes a judge's professional qualities above all others, including political qualities—preferences that have obvious relevance for methods of judicial selection.

Following a new law giving the state's governor the sole power to fill mid-term judicial vacancies, former Montana Supreme Court Justice James C. Nelson calls for the implementation of a merit-based judicial selection process to keep Montana’s courts free from partisanship and outside influence.

In December 2020, the Texas Commission on Judicial Selection submitted its report on the fairness, effectiveness, and desirability of partisan elections for judicial selection in Texas. Although the commission recommended against the current partisan elections method, the members did not agree on an alternative method...

On the whole, 2020 was a quiet time for state judicial elections, at least in comparison to recent years. Fewer sitting judges were directly targeted for removal, and most of the efforts to oust judges failed at the ballot box. But even quiet years have standout moments, and the recent election cycle brought several...

In a recent op-ed, Joanne Slotnik, former executive director of the Utah Judicial Performance Evaluation Commission, touts the state’s successful judicial selection system, which includes robust performance evaluation for judges and retention elections by the public.

In Ohio, state judges are currently chosen in nonpartisan general elections (although they do compete in partisan primaries). But House Bill 460 would allow judicial candidates to place their party affiliations directly on the general election ballot. If the measure becomes law, Ohio would be the second state in...

State courts, where 95 percent of all cases are filed, are powerful. Their decisions can have profound effects on our rights and our lives—from whether Massachusetts officials can detain people based on a request from federal immigration authorities to whether a Michigan voter-initiated redistricting proposal could...

IAALS’ recent report describes a large but relatively unknown group of executive branch adjudicators who are not " Administrative Law Judges" (ALJs) governed by the Administrative Procedure Act. The report describes principal Non-ALJ characteristics, giving special attention to the degree to which agencies that employ...

Since its founding in 2001, Justice at Stake was a national leader in the movement to promote fair and impartial courts and increase judicial diversity. But last month, the organization’s leaders announced that Justice at Stake was closing its doors. As former executive director Susan Liss explained in a recent ABA...

As reported by the Washington Post , the President is not the only one who has taken on the courts recently: it is also happening in state legislatures around the country. This comes as no surprise to state court watchers; in fact, legislation targeting state courts for unpopular decisions is now commonplace. (Our...