Judicial Selection: a Selective Bibliography - Suzanne L. Cassidy

• Jurisdiction: United States,Federal
• Publication year: 2005
• Citation: Vol. 56 No. 3

Judicial Selection: A Selective Bibliographyby Suzanne L. Cassidy^*

I. Introduction

This selective bibliography was compiled to complement this Mercer Law Review symposium issue. The second section contains works that address the history of judicial selection in the United States, followed by a section describing Web sites that are rich sources of information on judicial selection. Section four identifies books and monographs, including American Bar Association reports. Symposia and special journal issues devoted to judicial selection or closely related subjects are contained in section five, which also identifies articles published since 1998. These articles are divided roughly into two categories: (1) elections, including improving or reforming elections, and (2) alternatives to elections. For earlier articles, one should consult the bibliographies cited in the last section. Generally, sources that primarily concern voting rights or diversity in the context of judicial selection have not been included.

11. History

Larry C. Berkson, Judicial Selection in the United States: A Special Report (updated by Seth Anderson, 1999), available at http://www.ajs. org/js/berkson.pdf (providing a concise history of judicial selection in the United States).

Steven P. Croley, The Majoritarian Difficulty '.Elective Judiciaries and the Rule of Law, 62 U. Cm. L. REV. 689, 714-25 (1995) (discussing the emergence of elective judiciaries in the states).

Kermit L. Hall, Progressive Reform and the Decline of Democratic Accountability: The Popular Election of State Supreme Court Judges, 1850-1920,1984 AM. B. Found. Res. J. 345.

Kermit L. Hall, The Judiciary on Dial: State Constitutional Reform and the Rise of an Elected Judiciary, 1846-1860, 45 historian 337 (May 1983).

EVAN Haynes, The selection and Tenure of Judges (Fred B. Rothman & Co. 1981). Originally published in 1944 as part of the Judicial Administration Series under the auspices of the National Conference of Judicial Councils, this is a thorough treatment of the history of state judicial selection. A table at the end of Chapter TV contains the constitutional and statutory history of the selection and tenure of judges in each state, documenting the changes from 1776 to 1944. A table at the end of Chapter II indicates the 1944 methods of selecting judges and their tenure.

Caleb Nelson, A Re-evaluation of Scholarly Explanations for the Rise of the Elective Judiciary in Antebellum America, 37 AM. J. legal HIST. 190(1993).

Joseph H. Smith, An Independent Judiciary: The Colonial Background, 124 U. PA. L. REV. 1104 (1976).

111. Web Site Information

The American Judicature Society, Judicial Selection in the States, at http:llwww.ajs.org/js.

The American Judicature Society ("AJS") maintains the definitive Web site for current and comprehensive information on judicial selection. The Judicial Selection in the States Web site was launched in May 2004.¹ Information for each state and the District of Columbia includes: method of selection and retention; process for filling interim vacancies; successful and failed reform efforts; diversity of the bench; roles of parties, interest groups, and professional organizations in selecting judges; and current selection controversies. Other materials available at this site are: Judicial Merit Selection: Current Status (tables); Judicial Selection in the States: Appellate and General Jurisdiction Courts (tables); and a schematic of AJS's Model Merit Selection Plan.

Constitution Project, Courts Initiative at http://www.constitutionpro ject.org/ci/.

"The Courts Initiative is a bipartisan committee of prominent and influential businesspeople, scholars, and former public officials; it promotes public education on the importance of our courts as protectors of Americans' essential constitutional freedoms."² At this site find the Higher Ground Standards of Conduct for Judicial Candidates, at http://www.constitutionproject.org/ci/standards.html(released September 20, 2000). Also, find Surveying the Higher Ground: The 2000 Judicial Elections in Five States, at http://www.constitutionproject.org/ci/survey/ index.html.

Frontline: Justice for Sale?: An Investigation into How Campaign Cash is Corrupting America's Courts, at http://www.pbs.org/wgbh/pages /frontline/shows/justice.

This rich site accompanies a television program originally broadcast on PBS, November 23, 1999. A section titled How Did We Come to Elect Judges?³ offers a history with links to Alexander Hamilton's Federalist Papers No. 78,⁴ as well as to scholarly articles by Kermit Hall and Caleb Nelson (see History section above). It also includes an excerpt of Bill Moyers's interview with Supreme Court Justices Stephen Breyer and Anthony Kennedy.

Justice at Stake Campaign, at http://www.faircourts.org. !!!

"Justice at Stake ['JAS'] is a nonpartisan campaign working to keep our courts fair and impartial. [JAS] Campaign partners educate the public and work for reforms to keep politics and special interests out of the courtroom—so judges can do their job protecting our Constitution, our rights and the rule of law. [JAS] is currently funded by grants from the open Society Institute, Carnegie Corporation, and the Joyce Foundation."'

Resources at this site include: Justice at Stake Frequency Questionnaire,⁶ a 2001 national survey of, inter alia, public attitudes toward state courts; links to online state-sponsored voter guides, nonpartisan voter guides, and bar association resources.

National Center for State Courts, at http://www.ncsconline.org/.

National Center for State Courts Civil Justice Reform Initiative, at http://www.ncsconline.org/Projects_Initiatives/CJRI/index.htm.

One of the projects of the National Center for State Courts Civil Justice Reform Initiative is judicial election system reform. This site includes Call to Action,⁷ the statement of the National Summit on Improving Judicial Selection, which was held in 2000. The papers and commentaries from the National Summit have been published in the 2001 Loyola of Los Angeles symposium issue, cited below. The site also includes...