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Judges Commons

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Georgetown University Law Center

2002

Judicial power

Articles 1 - 2 of 2

Full-Text Articles in Judges

Myth, Reality Past And Present, And Judicial Elections, Roy A. Schotland Jan 2002

Myth, Reality Past And Present, And Judicial Elections, Roy A. Schotland

Georgetown Law Faculty Publications and Other Works

Why do we have judicial elections? A democracy without elections for the legislature and executive (or, in parliamentary systems, for the executive as the leadership of the elected legislators), would be simply inconceivable. But no one would deny that eleven of our states, or many other nations, are democracies even though they do not elect judges. It might follow from that irrefutable, fundamental difference between elections for judges and for other offices, that judicial elections should not-or more to the point, need not-be conducted the same as other elections. Before we soar into debate, let us lay a foundation with ...


Comment On Professor Carrington's Article "The Independence And Democratic Accountability Of The Supreme Court Of Ohio", Roy A. Schotland Jan 2002

Comment On Professor Carrington's Article "The Independence And Democratic Accountability Of The Supreme Court Of Ohio", Roy A. Schotland

Georgetown Law Faculty Publications and Other Works

In my view, whether or not Article III is written as members of a new constitutional convention might write it, there is nothing more fundamental to the way our entire judicial system operates (including in many ways, although indirectly, our state courts) than federal judges being as independent as law can make them. Perhaps I suffer from Burkean skepticism about reform of long-standing institutions, or perhaps I am merely a supporter of the status quo. But I believe that, despite obvious drawbacks in giving anyone life tenure in any job, we gain far more than we lose by making federal ...