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106 Dick. L. Rev. 729 (2001-2002)
Merit Selection: A Review of the Social Scientific Literature

handle is hein.journals/dlr106 and id is 741 raw text is: Merit Selection: A Review of the Social Scientific Literature Malia Reddick* I. Introduction As one judicial selection scholar noted, It is fairly certain that no single subject has consumed as many pages in law reviews and law- related publications over the past 50 years as the subject of judicial selection.' Central to the judicial selection debate is the appropriate balance between judicial independence and judicial accountability. Generally, judicial independence refers to the common law tradition of a judiciary that is institutionally immune from outside political pressures in the resolution of individual cases, whereas judicial accountability comports with democratic principles and allows the judiciary to be responsive to changes in public opinion. Lifetime appointment systems are said to ensure judicial independence; popular elections at frequent intervals are favored by those who value judicial accountability. The so-called merit plan for selecting judges was introduced in the 1930s as a means of promoting both independence and accountability. Merit selection calls for gubernatorial appointment of judges from a list of names submitted by an independent nominating commission. After a brief period in office, judges run in retention elections where only one question is posed to voters-should the judge be retained in office. In addition to balancing judicial independence and accountability, merit selection systems are said to produce highly qualified judges, since candidates are screened by nonpartisan commissions. * Malia Reddick, Ph.D., Director of Research, American Judicature Society. The American Judicature Society is a national nonpartisan organization dedicated to maintaining the independence and integrity of the courts and increasing public understanding of the justice system. Dr. Reddick thanks Tim Hoppa for his research assistance. This literature review is one component of a larger product funded by the Open Society Institute. To view the project web site, visit http://www.ajs.org/js/. 1. Philip L. Dubois, Accountability, Independence, and the Selection of State Judges: The Role of Popular Judicial Elections, 40 Sw. L.J. 31, 31 (1986).

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