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Judicial Performance Review: A Balance Between Judicial Independence And Public Accountability, Jean E. Dubofsky
Judicial Performance Review: A Balance Between Judicial Independence And Public Accountability, Jean E. Dubofsky
Fordham Urban Law Journal
This article discusses judicial appointment and judicial independence in Colorado. The article argues that in Colorado, the independence of the judiciary needs to be protected, perhaps more than at any other time in the state’s history. While public accountability is important, it is achieved through the executive and legislative branches of the government. The courts function best if judges are free to decide each case without regard to how the general public might put a thumb on the scales of justice. To the degree that judicial performance commissions can protect judicial independence, while providing voters in retention elections with sufficient …
Wyoming’S Judicial Selection Process: Is It Getting The Job Done?, Marilyn S. Kite
Wyoming’S Judicial Selection Process: Is It Getting The Job Done?, Marilyn S. Kite
Fordham Urban Law Journal
This article explains Wyoming’s commission based judicial selection process, studies how it has performed over the years, and looks to see what lessons we can learn from that history, and consider how it can be improved. Throughout this Article, the focus will be on what attributes of a judicial selection system best result in an independent, accountable, and vibrant judiciary.
A Comparison Of The Criminal Appellate Decisions Of Appointed State Supreme Courts: Insights, Questions, And Implications For Judicial Independence, Aman L. Mcleod
Fordham Urban Law Journal
This Article presents the results of a study conducted to see whether state supreme courts selected in states with dissimilar appointment systems differ in the way they decide criminal appeals. Comparing the criminal decisions of courts selected with different appointment systems may also suggest something about how different appointment systems impact judicial independence.
Careful What You Wish For: Tough Questions, Honest Answers, And Innovative Approaches To Appointive Judicial Selection, Steven Zeidman
Careful What You Wish For: Tough Questions, Honest Answers, And Innovative Approaches To Appointive Judicial Selection, Steven Zeidman
Fordham Urban Law Journal
This Essay, informed in significant part by personal experience, examines in greater detail some of the common features of appointive systems, and in the process raises issues, concerns, and questions. Every step of the way the goal remains the same—to devise an appointive system most likely to yield as outstanding a judiciary as possible.
On The Validity And Vitality Of Arizona’S Judicial Merit Selection System: Past, Present, And Future, Mark I. Harrison, Sara S. Greene, Keith Swisher, Meghan H. Grabel
On The Validity And Vitality Of Arizona’S Judicial Merit Selection System: Past, Present, And Future, Mark I. Harrison, Sara S. Greene, Keith Swisher, Meghan H. Grabel
Fordham Urban Law Journal
This Article demonstrates that merit selection is functioning commendably in Arizona and, for the most part, provides the public with a judicial selection process far more informative and generally superior to “traditional elections.” Part I of this Article sketches the history of Arizona’s merit selection of judges and its previous state-wide judicial election system. Part II discusses and analyzes attacks on merit selection and, in addition, assesses the effect of the Judicial Performance Review program initiated in 1992 to enhance the efficacy of the merit selection system. Finally, Part III describes the current status of merit selection in Arizona and …