And, almost without fail, every year a handful of states see legislative efforts to replace commission -
based appointment of judges with contested elections.
Opponents of commission -
based appointment of judges — also known as the Missouri Plan, for the state in which the judicial selection process originated — have obtained approval from the secretary of state for two identically worded proposed constitutional amendments that would establish contested elections for Missouri's appellate judges.
Not exact matches
«The
appointment of Sheldon Silver's childhood friend, Jonathan Lippman, as the state's chief
judge based on his administrative experience made about as much sense as the Yankees making their accountant the manager
of the team,» said Charles Compton, former president
of the Supreme Court Officers Association.
There are several anticipated efforts in 2014 to alter processes for selecting state court
judges, particularly in states with commission -
based gubernatorial
appointment of appellate
judges.
That said, a review
of the applications
of the
judges she named suggests that her
appointments have been
based on merit, not politics, and reflect a range
of experience in criminal defense, criminal prosecution and civil practice.
The merit selection method is vague, stating only that «Each
Judge of the Supreme Court shall be selected via merit -
based gubernatorial
appointment and shall be legislatively confirmed.»
Each
Judge of the Supreme Court shall be selected via merit -
based gubernatorial
appointment and shall be legislatively confirmed.
The
judge admitted that the relationship between the priest and the defendants was not like a regular employment contract, but in this case, he opted to look at certain special factors, including the nature and closeness
of the relationship between the priest and the defendant, and the connection between the tortious act and the purpose
of the relationship / employment /
appointment, which was
based on the factors outlined below.
Counties now appoint attorneys
based on standards,, instead
of relying solely on
judges» discretion — thereby removing the risk
of favoritism and cronyism in those
appointments.
This is nothing new: the O'Connor Judicial Selection Plan, which calls for commission -
based appointment (or «merit selection»)
of judges, has been under attack in a number
of states, and there seems to be a pattern to the attacks.
IAALS Online recently summarized anticipated efforts in 2014 to alter processes for selecting state court
judges, and a recent article in the ABA Journal honed in on a common trend in a handful
of these states with commission -
based gubernatorial
appointment of appellate
judges.
Oklahoma's Senate Judiciary Committee has approved five measures that would replace commission -
based appointment of appellate
judges with contested elections, limit the role
of the judicial nominating commission in identifying the best qualified applicants, allow the governor to replace some lawyer members
of the commission, and require appellate
judges to get 60 percent «yes» votes to be retained.
Approximately 90 percent
of Minnesota
judges are already selected through a commission -
based gubernatorial
appointment process — authorized by statute — to fill vacancies that arise between elections, and judicial elections are rarely contested.
A periodic part - time
judge who serves or expects to serve repeatedly on a part - time
basis, but under a separate
appointment for each limited period
of service or for each matter, (A) is not required to comply:
The judicial nominating commission is the key to commission -
based appointment, or «merit selection,»
of state court
judges.
Commissioners file findings
of fact and recommendations with the circuit
judge based on the evidence presented at a hearing, and the circuit
judge makes the final decision as to
appointment.
(3) A
judge should exercise the power
of appointment fairly and only on the
basis of merit, avoiding unnecessary
appointments, nepotism, and favoritism.
A
judge shall exercise the power
of appointment impartially and on the
basis of merit.