Bar Association Surveys and the Merit Retention of Judges - An Empirical Analysis

• NCJ Number: 84697
• Journal: Criminal Justice Review Volume: 7 Issue: 1 Dated: (Spring 1982) Pages: 36-47
• Author(s): G Cavender; R H Gray; R McCleary; T B Ramsey
• Date Published: 1982
• Length: 12 pages
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: Adapted from a paper which was presented at the annual meeting of the American Society of Criminology, San Francisco, November 1980.

Annotation

This article discusses the role bar association polls play in helping voters evaluate judicial performance during retention plebiscites.

Abstract

Under the merit plan, judges are initially selected by the executive branch of government and later stand for a retention plebiscite, running unopposed and without party identification. A majority of affirmative votes continues the judge in office. In theory, the merit plan guarantees that the most competent applicants are appointed since judges are insulated from partisan politics but are accountable to the electorate in periodic retention elections. Arizona adopted the merit plan in 1974 and polled several bar associations to elicit evaluations of judical performance so as to educate voters during the plebiscite. The results were not as rational as expected. Rather than a summary decision based on assessment of 12 performance criteria, lawyers' recommendations were related to their own characteristics and other subjective factors. Study data and 17 references are supplied.