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JUDICIAL SELECTION - ALTERNATIVES TO THE STATUS QUO IN SELECTION OF STATE COURT JUDGES

NCJ Number
14523
Journal
St John's Law Review Volume: 48 Issue: 3 Dated: (MARCH 1974) Pages: 496-524
Author(s)
M I KAMINSKY
Date Published
1974
Length
29 pages
Annotation
DISCUSSES MANDATORY SCREENING OF ALL CANDIDATES PRIOR TO APPOINTMENT RATHER THAN ELECTION, AND ELECTION ON A NONPARTISAN BASIS AS POSSIBLE ALTERNATIVES TO PARTISAN ELECTION FOR NEW YORK JUDGES.
Abstract
A BRIEF HISTORY OF THE PATTERNS AND RATIONALES OF SELECTING PROCESSES FOR JUDGES IS PRESENTED. THE THRUST OF THE ARTICLE IS TOWARD INSTITUTING A SELECTION PROCESS THAT REDUCES POLITICAL FAVORITISM AND INFLUENCES TO A MINIMUM WHILE GIVING PRIORITY TO LEGAL AND JUDICIAL COMPETENCE AS THE BASIS FOR SELECTION. WHILE ACKNOWLEDGING THAT ANY SELECTION PROCESS WILL HAVE INADEQUACIES, IT IS CONSIDERED THAT PRE-SELECTION SCREENING BY A BLUE-RIBBON COMMITTEE SELECTED FROM THE BAR AND THE PUBLIC IS THE MINIMUM ACCEPTABLE SOLUTION.

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