11 Cornell J. L. & Pub. Pol'y 273 (2001-2002)
The Case for Adopting Appointive Judicial Selection Systems for State Court Judges

handle is hein.journals/cjlpp11 and id is 281 raw text is: THE CASE FOR ADOPTING APPOINTIVE
JUDICIAL SELECTION SYSTEMS FOR STATE
COURT JUDGES
Mark A. Behrenst
& Cary Silvermantt
I.  INTRODUCTION      ......................................  274
II. JUDICIAL ELECTIONS CREATE SERIOUS
PROBLEM    S  ...........................................  277
A. Popular Election of Judges Threatens Judicial
Independence and Impartiality ...................... 278
1. Rising Campaign Expenditures Place a Heavy
Burden on State Court Judges .................. 278
2.  Begging for Campaign Contributions from the
Very Lawyers Who Appear Before Them. ......      279
3. Growing Special Interest Group Involvement on
Judicial Politics ................................  281
4. Judges Elected on Partisan Ballots May Buckle
to  Party  Pressure  ..............................  281
B. Elections Undermine Public Confidence in the
Judiciary  ...........................................  282
C. Elections May Discourage Service By Qualified
Jurists  .............................................  285
D. Elections are Incompatible with Judicial Selection ... 287
1. Judges are Not Representatives of the Majority.. 287
2. The Public Lacks the Information and Motivation
to Make an Informed Decision .................. 290
3. The Public Already Participates in the Judicial
System: As Juror, Litigant, and Witness ........ 295
III. PROPOSED SOLUTIONS TO JUDICIAL ELECTIONS
FAIL TO SOLVE CORE PROBLEMS .................. 296
A. Public Financing is Ineffective ...................... 296
t Mark A. Behrens is a partner in the law firm of Shook, Hardy & Bacon L.L.P. in
Washington, D.C. He received his B.A. in Economics from the University of Wisconsin-
Madison in 1987 and his J.D. from Vanderbilt University in 1990, where he served as Associ-
ate Articles Editor of the Vanderbilt Law Review.
tt Cary Silverman is an associate in the law firm of Shook, Hardy & Bacon L.L.P. in
Washington, D.C. He received a B.S. in Management Science from the State University of
New York College at Geneseo in 1997, an M.P.A. from The George Washington University in
2000, and a J.D. with honors from The George Washington University Law School in 2000,
where he served as Managing Editor of The Environmental Lawyer.

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