NCJ Number
123051
Journal
Judicature Volume: 73 Issue: 5 Dated: (February-March 1990) Pages: 238-247
Date Published
1990
Length
10 pages
Annotation
This analysis examines factors influencing outcomes in 28 separate elections, held from 1941 to 1980 in 21 States, that formally submitted to voters the issue of whether or not the State's constitution should be amended to provide for the merit plan of judicial selection.
Abstract
The analysis centers upon States' initial adoption of the merit plan for the selection of some or all of each State's judges. The data suggest that voter support or opposition reflects the extent to which the State's constitutional amending process demands the establishment of a prior legislative and public consensus about the desirability of a particular reform prior to qualifying the measure for the ballot in the first place. Where qualifying requirements are stringent and are met only when there is a substantial legislative consensus about the desirability of the change proposed, voters are more likely to approve the initiative. Voter responses to merit plans are also influenced by urban-rural divisions within the States, possibly by partisan cleavages in some cases, and political cultural differences. Understanding the relative importance of these factors, the conditions under which each operates, and their interrelationships remains for future research.