NCJ Number
129613
Date Published
1990
Length
221 pages
Annotation
Public elections are used in most States to select or retain at least some judges, raising the issue of how to achieve the electoral accountability of judges and preserve the independence, impartiality, and dignity of the winning candidates.
Abstract
Judicial election campaign expenditures have risen in recent years. Even if big money does not corrupt the candidates, it gives an appearance that is especially troubling in the case of the judiciary. Lawyers are often the biggest contributors to judicial races, and these same lawyers then appear before the judges they helped to elect. Although these contributions may not prejudice the candidates in favor of the contributing lawyers, they give the appearance of prejudice. In addition, advertising in judicial campaigns has become more negative. Campaign literature is often misleading, distorting not only the records of opponents but also the nature of the judicial office and the decisions judges make. A further problem is that, with few exceptions, voters have not been provided with reliable information about the judicial system as a whole or about specific candidates. The American Judicature Society established its Judicial Election Project to address some of these problems. It has long recommended that the election of judges be accomplished with a system of appointments and retention elections commonly known as merit selection. In surveying the current law and ethics of judicial election campaigns, the monograph focuses on campaign financing, campaign conduct, the future of judicial elections, and reform efforts. Recommendations to improve the judicial appointment process are detailed. Appendixes provide supplemental information on State judicial selection and ethics and on campaign financing. 216 references, 699 notes, and 1 table