ARTICLE: SANDRA DAY O'CONNOR PROJECT ON THE STATE OF THE JUDICIARY: Republican Party of Minnesota v. White: What Are the Alternatives? Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2008 Georgetown Journal of Legal Ethics
Georgetown Journal of Legal Ethics

ARTICLE: SANDRA DAY O'CONNOR PROJECT ON THE STATE OF THE JUDICIARY: Republican Party of Minnesota v. White: What Are the Alternatives?

Fall, 2008

Georgetown Journal of Legal Ethics

21 Geo. J. Legal Ethics 1327

Author

KATHLEEN M. SULLIVAN *

Excerpt

INTRODUCTION

The states have persistently declined to emulate the Federal Constitution by selecting judges through appointment and preserving their independence by insulating them from the political process. To the contrary, judicial elections are a long-standing feature of the nation's state judicial systems and are now the predominant method of state judicial selection. Today, fully thirty-nine states elect at least some of their judges. 1 Efforts by reformers to persuade states to abandon judicial elections in favor of appointment systems have routinely failed. 2 In recent years, ballot measures supporting judicial appointment have been resoundingly defeated. 3 One hundred years ago roughly 86% of state judges were elected; today the number is 87%. 4 Thus state judicial elections are probably here to stay for the foreseeable future.

Yet judicial independence is vital to the rule of law, the separation of powers, and the fair and impartial administration of justice. How can the practice of electing state judges be reconciled with the need for judicial independence? Those who first advocated judicial elections saw no contradiction; the practice of electing state judges began in the mid-nineteenth century, spearheaded by Jacksonian Democrats as well as moderate lawyers, as a means of diminishing the power of political patronage and increasing state court judges' independence from party bosses. 5 But in recent years, the increasing politicization of state judicial elections has posed escalating threats to the independence and the perception of independence that state judges enjoy. States accordingly have employed various limits on ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities