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The Irony Of Judicial Elections, David E. Pozen
The Irony Of Judicial Elections, David E. Pozen
Faculty Scholarship
Judicial elections in the United States have undergone a dramatic transformation. For more than a century, these state and local elections were relatively dignified, low-key affairs. Campaigning was minimal; incumbents almost always won; few people voted or cared. Over the past quarter century and especially the past decade, however, a rise in campaign spending, interest group involvement, and political speech has disturbed the traditional paradigm. In the "new era," as commentators have dubbed it, judicial races routinely feature intense competition, broad public participation, and high salience.
This Article takes the new era as an opportunity to advance our understanding of …
Making Judicial Recusal More Rigorous, James J. Sample, David Pozen
Making Judicial Recusal More Rigorous, James J. Sample, David Pozen
Faculty Scholarship
The right to an impartial arbiter is the bedrock of due process. Yet litigants in most state courts face judges subject to election and reelection – and therefore to majoritarian political pressures that would appear to undermine the judges' impartiality. This tension has existed for as long as judges have been elected (and, to some extent, for as long as they have been appointed, in which case campaigns often take a less public but equally politicized form).
In recent years, however, this tension has become more acute. Today, state courts around the country increasingly resemble – and are increasingly perceived …