NCJ Number
46210
Date Published
1975
Length
62 pages
Annotation
DATA ON JUDICIAL SELECTION AND RETENTION METHODS IN EACH OF THE 50 STATES ARE REVIEWED, WITH AN ANALYSIS OF THE PROCESSES EMPLOYED AND A DISCUSSION OF SOME OF THE UNRESOLVED ISSUES.
Abstract
A BRIEF HISTORICAL SKETCH RANGES FROM THE ROOTS OF JUDICIAL SELECTION IN ENGLAND TO THE MAJOR METHODS OF JUDICIAL SELECTION IN AMERICA. A SYNTHESIS IS PROVIDED, OUTLINING A DOZEN METHODS OF SELECTING AND RETAINING JUDGES. REVIEW OF THE METHODS INCLUDE: APPOINTMENT OF JUDGES BY THE GOVERNOR; AND GUBERNATORIAL APPOINTMENT WITH CONFIRMATION BY THE STATE SENATE, THE GOVERNOR'S COUNCIL, AN EX-OFFICIO CONFIRMING COMMISSION, AN EXECUTIVE COUNCIL ELECTED BY THE GENERAL ASSEMBLY, OR A COUNCIL POPULARLY ELECTED BY THE VOTERS. UNDER A MERIT SELECTION PLAN, THE GOVERNOR MAKES HIS APPOINTMENT FROM A LIST OF NOMINEES PREPARED BY AN OFFICIAL, NONPARTISAN COMMISSION. JUDICIAL OFFICES ARE ALSO FILLED THROUGH ELECTION BY THE STATE LEGISLATURE OR THROUGH APPOINTMENT BY A JUDGE. JUDGES OF STATE COURTS WITH LESS THAN STATEWIDE TERRITORIAL JURISDICTION ARE APPOINTED BY THE MAYOR. EACH STATE IS REVIEWED ACCORDING TO THE INITIAL SELECTION, PROCEDURE FOR FILLING THE VACANCY, RETENTION OF A JUDGE FOR AN ADDITIONAL OFFICE TERM, AND LENGTH OF THE TERM. A BIBLIOGRAPHY EXTENDING FROM 1928 TO 1973 IS PROVIDED. (AJJ)