NCJ Number
166657
Journal
Governing Volume: 9 Issue: 10 Dated: (July 1996) Pages: 40-43
Date Published
1996
Length
4 pages
Annotation
During the 1990's a large number of State supreme courts have experienced embarrassing controversies, petty quarrels, and eccentric behavior and misconduct by their judges.
Abstract
Recent cases have included that of Chief Justice Mowbray in Nevada and, the partisan atmosphere and even a wrestling match between two feuding justices in Ohio, the impeachment of Pennsylvania justice Rolf Larson, the prison sentences of New York Chief Justice Sol Wachtler, and the resignation of Rhode Island justices due to ethics issues. Some scholars argue that the issue is more media scrutiny rather than more problem judges. Others insist that the number of judges involved in extraordinary incidents is a small fraction of the 325 justices in 50 States. In addition, judges are now more willing than before to talk openly about the conflicts that inevitably arise. The tendencies toward conflict have been worsened by the intense political conflict over the makeup of the court. In addition, State supreme courts have become increasingly assertive policy players. The problem behavior is making the State courts easy targets for their ideological opponents. The trend toward disrespect for State supreme courts has been noticeable even in States without major scandal or misbehavior. Choosing justices by appointment rather than election is presumed to remove politics from the process and ensure a higher caliber of judges, but Rhode Island's experience demonstrates that the absence of judicial elections does not guarantee this result. Nevertheless, judicial scholars agree that merit selection is demonstrably better than electing judges on a partisan basis. Photograph and illustration