NCJ Number
58009
Journal
Popular Government Volume: 44 Issue: 3 Dated: (WINTER 1979) Pages: 36-41
Date Published
1979
Length
7 pages
Annotation
VOLUNTARY MERIT SELECTION ALLOWS THE GOVERNOR TO APPOINT A NOMINATING COMMITTEE TO EVALUATE CANDIDATES FOR JUDGESHIPS TO BE FILLED BY APPOINTMENT; IT IS A FIRST STEP AWAY FROM POLITICS IN JUDICIAL SELECTION.
Abstract
VOLUNTARY MERIT SELECTION PLANS DO NOT CHANGE THE STATUTORY PROVISIONS FOR ELECTING AND REELECTING JUDGES, SO THEY DO NOT INVOLVE LEGISLATIVE ACTION. THEY DO, HOWEVER, BROADEN THE SELECTION PROCESS FOR THE FILLING OF VACANCIES THROUGH GUBERNATORIAL OR MAYORAL APPOINTMENT. APPOINTEES MUST STAND FOR A RETENTION ELECTION DURING THE NEXT GENERAL ELECTION. IN 1977 NORTH CAROLINA'S GOVERNOR APPOINTED A NOMINATING COMMITTEE TO PUBLICIZE SUPERIOR COURT JUDICIAL VACANCIES, SOLICIT WRITTEN DECLARATIONS OF AVAILABILITY FROM QUALIFIED PERSONS, AND RECOMMEND THREE TO FIVE CANDIDATES FOR EACH VACANCY. THE COMMITTEE SUBDIVIDED INTO 4 PANELS EACH REPRESENTING A JUDICIAL DISTRICT, WAS COMPOSED OF 15 LAWYERS AND 17 LAY MEMBERS HAVING AN ARRAY OF OCCUPATIONS FROM DENTIST TO TEACHER TO HOUSEWIFE. THE GOVERNOR WAS CRITICIZED FOR NOT APPOINTING ENOUGH BLACKS AND WOMEN AND FOR APPOINTING TOO MANY LAWYERS FROM LARGE FIRMS. DESPITE THESE PROBLEMS, THE COMMITTEE DEVELOPED A LIST OF CANDIDATES WHICH REFLECTED THE CHARACTERISTICS OF ELIGIBLE ATTORNEYS AS A WHOLE. THE MAJOR PROBLEMS ENCOUNTERED HAD NOTHING TO DO WITH THE COMMITTEE SYSTEM. EXCELLENT ATTORNEYS REFUSED TO BE CONSIDERED BECAUSE JUDICIAL SALARIES ARE LOW, THE RETENTION ELECTION WAS ONLY MONTHS AFTER THE APPOINTMENT, AND THE STATE REQUIRES JUDICIAL ROTATION. JUDGES SERVE 6-MONTH PERIODS AT VARIOUS COURTS THROUGHOUT THE DISTRICT. MANY LAWYERS, PARTICULARLY THOSE WITH YOUNG CHILDREN, DID NOT WANT TO SPEND ALL WEEK AWAY FROM HOME. THE COMMITTEE STRONGLY URGED LEGISLATIVE ACTION ON THE ROTATION SYSTEM AND SALARIES. (GLR)