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Abstract
Judicial selection is based on two methods: election and merit selection. Election is the process in which candidates “run” in political-party affiliated campaigns and are chosen by voters. The merit system is one in which a chief executive, such as mayor, county president, or governor decides who will be appointed from a list of qualified nominees. Many states have chosen a fusion of both systems for the appointment of judges. ... have jurisdictions that employ judges using merit selection (The Fund for Modern Courts, 2003). ... Those nostalgic for democracy in its’ simplest form will argue that merit selection is not directly representative of voters requests. Alternatively, proponents of merit selection suggest that this system is just an extension of the representative government already in place. They conclude no matter who appoints a judge, the judges responsibility is be impartial and not be subjected to the bipartisanism imposed upon other political candidates throughout the election process. In regards to this ongoing deliberation, this report will examine and evaluate the fundamentals of both election and merit selection with which to decipher the most beneficial method for choosing judges.
Selecting Judges:
Election
vs.
Merit Selection
Election by definition is the act of designating a candidate by a common vote. ... But, in the earliest days of the United States, selection of judges conformed to the English tradition of appointment. ... In fact, many criticize the very concept of merit selection as fundamentally faulty and exclusive. Yet, what does the process of judicial election require?
Approximate Word count = 1241
Approximate Pages = 5
(250 words per page double spaced)
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