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Designing An Appointive System: The Key Issues, G. Alan Tarr
Designing An Appointive System: The Key Issues, G. Alan Tarr
Fordham Urban Law Journal
This article contains a selection of advice on how to improve the judicial selection system. The article explains that reconsideration of the judicial appointive systems must include both the broadly theoretical and the intensely practical. It should identify the key questions that must be addressed in creating a system of judicial appointment, elaborate and defend the principles that should guide choices among alternative appointive systems, and clarify how those principles can be translated into institutional arrangements that will advance the goal of a quality judiciary. This reconsideration should also take seriously the arguments and claims of those who oppose the …
Insulating Incumbent Judges From The Vicissitudes Of The Political Arena: Retention Elections As A Viable Alternative, David J. Papier
Insulating Incumbent Judges From The Vicissitudes Of The Political Arena: Retention Elections As A Viable Alternative, David J. Papier
Fordham Urban Law Journal
This Note proposes legislation that would cure many deficiencies in the present system of judicial tenure in New York. First, the Note examines the present retention system for trial court judges in New York State in light of the strict standards of judicial ethics the CJC imposes on sitting judges. Part II analyzes several problems in the current reelection process, focusing on the complex predicament a judicial incumbent faces as a result of having to return to the political arena. Part III then explores three possible alternatives to the present reelection system.' Finally, the Note recommends that the New York …