Does Merit Selection Work for Choosing Judges? - Duke University One concern expressed about merit selection is the removal of direct public participation in the selection process, as compared to elections (p. 3). MEMORANDUM - txcourts.gov This creates serious contests within the partisan political environment found among federal representatives, for any candidate appointed to this post helps define the direction of the Supreme Court for the rest of their life. 4, 2010) (Impeachment of G. Thomas Porteous, Jr., Judge of the U.S. District Court for the Eastern District of Lousiana), https://www.congress.gov/congressional-report/111th-congress/house-report/427/1. Goelzhauser offers useful and practical suggestions for ways in which states can facilitate increased transparency, such as anonymizing applicant data. David E. Pozen, The Irony of Judicial Elections, 108 Colum. Over the course of 25 years, the commission consistently saw itself divided, with one wing representing small-firm plaintiffs lawyers and criminal defense attorneys and the other wing representing large-firm civil defense attorneys.25 And for merit systems where the governor selects the individual from names submitted by the commission, partisan politics undoubtedly are at play. See generally Kevin Costello, Supreme Court Politics and Life Tenure: A Comparative Inquiry, 71 Hastings L.J. A successful judicial candidate said that merit selection contained an element of condescension because it essentially tells voters they are not smart enough to select good judges. Also known as the Merit Selection Plan, the Missouri Nonpartisan Court Plan is referred to as a merit selection system that sees judicial candidates nominated by a nonpartisan commission who are then presented to the governor (or legislative body) for review and ultimate appointment. 265, 27475 (2008). Voters are predominantly laypeople who live without an extensive knowledge of the law and what it means to be a good judge.

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