NCJ Number
146315
Journal
Criminal Justice Policy Review Volume: 6 Issue: 1 Dated: (1992) Pages: 69-79
Date Published
1992
Length
11 pages
Annotation
The five basic methods for choosing State trial court judges are reviewed and evaluated with regard to how effective they are in selecting qualified individuals and in meeting their goals of accountability or independence.
Abstract
Developing the best method for choosing competent State trial court judges involves achieving a balance between the philosophies of judicial accountability and judicial independence. The methods currently employed tend to emphasize one of these goals over the other. One of five basic methods for selecting trial court judges is used by the States, although no two States have identical systems. These methods are partisan and nonpartisan election, gubernatorial and legislative appointment, and merit selection. Elective methods reflect the philosophy that judicial accountability is the primary concern of our justice system while proponents of appointive methods argue that an independent judiciary is more important. Each selection method is discussed and criticized in this article. The influence of the political process on the selection of judges is also addressed. The authors conclude that none of the selection methods has been particularly effective either in placing competent individuals on the bench or in meeting its ideological goal of accountability or independence. 1 figure