COLORADO'S MERIT SELECTION PLAN - AMENDMENT NUMBER 3 ON TRIAL

• NCJ Number: 15011
• Author(s): D E KELLEY
• Date Published: 1969
• Length: 11 pages
• Corporate Author: American Judicature Soc
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: ADDRESS DELIVERED TO THE INST ON AMER CONSTITUTIONAL LAW, ADAMS STATE COLLEGE, ALAMOSA, CO, JULY 1969.

Annotation

A DESCRIPTION AND DEFENSE OF THE COLORADO MERIT SELECTION PLAN, IN WHICH JUDGES ARE NOMINATED BY A POLITICALLY BALANCED JUDICAL NOMINATING COMMITTEE AND APPOINTED BY THE GOVERNOR, INSTEAD OF RUNNING IN POLITICAL ELECTIONS.

Abstract

THE SELECTION AND TENURE AMENDMENT WAS DESIGNED TO ATTRACT AND RETAIN HIGHLY COMPETENT AND QUALIFIED JUDGES AND TO REMOVE THEM FROM POLITICAL OBLIGATIONS AND PRESSURES. CRITICISMS OF THIS PLAN ARE DISCUSSED, AND INCLUDE THE CONTENTION THAT THIS PLAN HAS REMOVED JUDICIAL SELECTION FROM THE HANDS OF THE PEOPLE AND GIVEN IT TO THE GOVERNOR. THE AUTHOR POINTS OUT MANY OF THE PROBLEMS INHERENT IN THE POLITICAL SELECTION OF JUDGES, AND ARGUES THAT THE POLITICAL BALANCE OF THE NOMINATING COMMITTEE WOULD MAKE IT UNLIKELY THAT THE GOVERNOR COULD CONTROL THE SELECTION PROCESS. UNDER THE MERIT SELECTION PLAN, JUDGES MUST PUT THEMSELVES UP FOR ELECTION TWO YEARS AFTER INITIAL APPOINTMENT. THE AUTHOR URGES PUBLIC, MEDIA, AND BAR ASSOCIATION COOPERATION IN THIS PROCESS SO THAT INFORMATION ABOUT JUDGES MAY BE MADE PUBLIC BEFORE ELECTIONS. IN THIS WAY, THE INTENDED PURPOSE OF THESE ELECTIONS - ALLOWING THE VOTERS A CHANCE TO REJECT AN UNFIT JUDGE - MAY BE SERVED.