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Selecting The Very Best: The Selection Of High-Level Judges In The United States, Europe And Asia, Christa J. Laser, Tefft Smith, Michael Fragoso, Christopher Jackson, Gregory Wannier
Selecting The Very Best: The Selection Of High-Level Judges In The United States, Europe And Asia, Christa J. Laser, Tefft Smith, Michael Fragoso, Christopher Jackson, Gregory Wannier
Law Faculty Articles and Essays
This paper has been prepared by Kirkland & Ellis LLP for the Due Process of Law Foundation (“DPLF”), an organization dedicated to promoting and strengthening the rule of law and the respect for human rights in the Americas. The goal is to provide further stimulus to the enhancement of due process and the rule of law in Latin America by encouraging the transparent, merit-based selection and appointment of competent, independent, and impartial judges. An independent and impartial judiciary is an essential precondition to the effective operation of the rule of law, with due process for all. This, in turn, is …
Aligning Judicial Elections With Our Constitutional Values: The Separation Of Powers, Judicial Free Speech, And Due Process, Jason D. Grimes
Aligning Judicial Elections With Our Constitutional Values: The Separation Of Powers, Judicial Free Speech, And Due Process, Jason D. Grimes
Cleveland State Law Review
This Note consists of five Parts. Part II traces the historical development of state judicial elections from the perspective of the Framers' doctrine of separation of powers. It shows that judicial elections were borne more of historical contingency than constitutional design. Part II then assesses the recent history of elections to the Ohio Supreme Court. It determines that Ohio's judicial elections share two problems with many other states: millions of dollars given to judicial candidates by special interests likely to appear before the court, and candidates' broad freedom of speech to earn the political and financial support of these special …
Had Enough In Ohio - Time To Reform Ohio's Judicial Selection Process, Bradley Link
Had Enough In Ohio - Time To Reform Ohio's Judicial Selection Process, Bradley Link
Cleveland State Law Review
This note will examine the problems that the election of state judges creates, as well as the inadequacies of the current model of merit selection. I propose that Ohio should adopt an appointive method of selecting judges, which will utilize a judicial eligibility commission as outlined by the American Bar Association similar to the nominating commissions commonly found in merit selection plans but which will do away with the commonly found retention election. Ohio needs to change the manner in which state judges are selected in order to bring confidence in the state judiciary, and to ensure that the most …