Part I. Background
Judges and the Court System
"Judges are the heart of the court system. The judge, who is
impartial, interprets the law. District courts are seeing an increase in the number of criminal cases..
Qualities of a Good Judge
The qualities citizens seek in a judge are essentially competence, fairness, and conscientiousness. How Judges Are Selected
The Constitution and state statutes set up system for appointing and electing judges. The state Constitution provides that judges must be "learned in the law," which the state Supreme Court interprets to mean currently licensed to practice law in. District court judges are elected for six-year terms by voters within their judicial district; Supreme Court justices and judges of the Court of Appeals are elected statewide for six-year terms. Most judges in therefore, reach their position by appointment..
How a Judge's Performance is Evaluated
A formal method for evaluating a judge's job performance (aside from voters' ballots in judicial
elections) is a relatively new idea, but it is becoming more popular. Twelve district court judges and two appellate judges were evaluated, and final recommendations were issued in February, 1993. In January, 1996, the Chief Justice of the Supreme Court issued an order protecting the confidentiality of
information about participants in any judicial evaluation program. As of February, 1998, all judicial districts except the Third District have made a commitment to conduct judicial evaluations. Suggestions for Improving the Judicial Selection System
1. The Present System of Nonpartisan Elections: Moderate Reform Those who favor retaining as present system over whelming turn to voter education as the primary means of reform. It is worth pointing out that no concerted efforts at public education concerning judicial elections in a have thus far been attempted by any public group to help voters participate intelligently in judicial elections. The numerous
interesting and useful topics about which judicial
candidates can speak would offer good information to voters. The first bases itself on the claim that judicial elections in Ana are meaningless, that voters don't really choose judges in Ana. Since the current system already relies on gubernator Finally, some reformers proposed scrapping elections entirely, replacing them with an appointment system modeled on the federal selection process.
a. Eliminate incumbency designation on judicial ballot?
b. Require state government to publish voter information on judicial candidates?
c. Provide public financing for judicial elections?
d. Allow judicial candidates to accept endorsements from political parties?
e. Create an agency or commission to conduct evaluations of judges job performance?
f. Require the governor to appoint judges from among the nominating commission nominees?
American
The AJS established a Judicial Elections Project to address the problem of how to achieve electoral accountability of judges while preserving the independence, impartiality, and dignity of the winning candidates. The monograph, Electing Justice: The Law and Ethics of judicial Election Campaigns (1990), suggests how the system may be improved, with specific recommendations to improve judicial campaign financing and conduct.