In: Economics
For this assignment you will need to write a short, argumentative essay in which you argue either for or against judicial elections. In your essay, give reasons why you are either for or against judicial elections and what system you think is best for selecting judges. The essay needs to be AT LEAST one page,
Elected or appointed judges, have the same punchline as as wondering whether democracy is the best way to elect public officials-it's not the best form, but the worst.
The same logic goes for naming judges. The key reason for electing judges is that they can become more accountable to the communities they represent. It's a lofty-sounding target but it's useless in practice. How does the average citizen in a group expect to obey judicial decisions, and then determine whether or not those decisions were "good law."
The most to be hoped for is that a person would simply vote in favor of a judge whose decisions seem to suit his or her political leanings. Judges should be encouraged to focus on the law and not rely on getting elected, or whether their decisions are likely to mean that they will or will not be able to hold their job. Sure, there are many issues with appointed judges-most notable of which is that the result appears to be inadequate diversity in the judiciary-but the method of selecting judges is much less serious than their choosing.
Merit Selection is a way to appoint judges by a non-partisan panel of lawyers and non-lawyers who examine and assess applicants. The commission shall present to the Governor the names of the most highly qualified candidates, who shall make the final selection
The merit selection process encourages judicial impartiality and honesty due to the fact that judges are not required to register for campaign donations from, among others, attorneys who work before them and individuals who may appear in court some day. Many states have forced judicial candidates to spend thousands, often millions of dollars, on running an election campaign in densely populated areas.