Tag: judicial selection

House votes to add 66 new federal judgeships; will Biden veto?

This week, the House of Representatives comfortably passed the JUDGES Act (S.4199), which would add 66 federal judgeships over the next ten years. The judgeships would be phased in over ten years, with the first two tranches coming in 2025 and 2027.

The Senate passed the same bill back in August, but House Republicans stalled a vote on the bill until after the election. Now that Donald Trump will return to the White House, the House Democrats decided that it was their turn to play politics with the judiciary and slow-played the vote until mid-December.

This is an excellent result for a resource-starved judiciary. But it appears that the drama will continue for a while, as President Biden has threatened to veto the bill on his way out the door. It’s worth unpacking the illogic and petulance of his threat.

Continue reading “House votes to add 66 new federal judgeships; will Biden veto?”

Arizona legislature advances measure to eliminate judicial term limits

Arizona lawmakers have advanced a ballot measure that would eliminate term limits for many state judges, instead making judicial service dependent on “good behavior.” The bill would have retroactive effect, meaning that if voters pass it in November, all judges who currently face periodic retention elections would effectively be granted life terms. This would apply even to judges who lose a retention bid in the same November election.

The immediate practical impact of the measure is to severly curb the number of judicial retention elections, a mainstay in Arizona for decades. Currently, all state appellate judges, as well as Superior Court judges in Coconimo, Maricopa, Pima, and Pinal Counties, face retention at the end of their set terms of office. Under the proposed measure, however, such judges would only face a retention vote upon (1) conviction of a felony or another crime involving fraud or dishonesty, (2) initiation of personal backruptcy proceedings, or (3) a determination by the Judicial Performance Review (JPR) Commission that the judge does not meet performance standards. Continue reading “Arizona legislature advances measure to eliminate judicial term limits”

North Dakota judges seek pay raise

North Dakota’s judiciary is seeking a 35% pay raise, phased in over two years. The state currently ranks 40th in judicial salary.

Many of the arguments are familiar: judges are already paid lower than many other state employees, they do not receive ordinary and consistent pay increases, and judicial work is difficult and sometimes isolating or dangerous. But proponents of the pay hike are advancing another, less common, argument: that a pay raise is needed to attract private litigators to the judiciary. Most applicants for judicial positions are prosecutors and criminal defense lawyers, for whom a judgeship represents a bump in salary as well as prestige. For successful civil litigators, by contrast, moving to the judiciary frequently involves a substantial pay cut, making the job less attractive.

An experientially diverse judiciary is essential for the administration of justice. And while raising salaries may not be enought to assure a proper experiential balance, it is indeed a meaningful consideration.

South Carolina faces internal dissent over its judicial selection process

New York is not the only state suffering though high-profile dysfunction with its judicial selection process. This week, the South Carolina legislature postponed its scheduled judicial elections, and several legislators as well as the governor called for changes to the state’s selection process.

South Carolina is one of only two states that chooses its judges by legislative election. Proponents of this approach have argued that it keeps judges more closely aligned with the values and sensibilities of the people. Opponents argue that it politicizes judicial selection (in that judicial candidates must win over legislators in order to secure their votes) and makes the judiciary subservient to the legislature. Indeed, many states moved to direct judicial elections in the nineteenth century because of concerns about legislative interference with the judicial process. Continue reading “South Carolina faces internal dissent over its judicial selection process”

Progressives win the LaSalle battle, but at what cost?

Last week, the progressives in New York’s General Assembly effectively killed the nomination of Justice Hector LaSalle to be the Chief Justice of the New York Court of Appeals. As I have documented previously, the opposition had nothing to do with LaSalle’s qualifications or experience, but rather a ginned-up power play over Governor Kathy Hochul. In doing so, they prevented LaSalle from becoming the first Hispanic Chief Judge of the high court.

Identity sure seems to matter to progressives — until it doesn’t.

More broadly, Albany’s progressives are joyfully gutting a coequal branch of government in order to engage in an intramural fight with the governor. The Court of Appeals, in need of a Chief Justice for months, remains without an administrative leader. And the entire state court system has been deprived of leadership with respect to their everyday work.

All New Yorkers should be outraged on this assault on their judiciary. The consequences will become evident soon enough.

New York’s Chief Judge resigns amid ethics probe

Janet DiFiore, the Chief Judge of the New York Court of Appeals, announced yesterday that she will resign effective August 31 of this year. Chief Judge DiFiore leaves with more than two years remaining on her term. She served not only as the chief of New York’s top court, but also as the chief administrator for the state’s sprawling (and often byzantine) court system.

The timing is certainly curious. DiFiore did not specify why she was leaving, other than to vaguely refer to “the next chapter in life.” Speculation is high that her resignation was influenced by a pending ethics probe, in which she is alleged to have attempted to influence a disciplinary action against a former court employee.

Governor Kathy Hochul will appoint DiFiore’s successor.

The disconnect between what Americans want in their judges and how they choose them

Professor Herbert Kritzer has a very interesting new article in Judicature, exploring the qualities Americans say they want in their state judges. It turns out that professional qualities like reputation for integrity and respect from leaders of the legal community are heavily desired, while political qualities like running for holding office or respect from party leaders is much less desired.

So then why do so many states still choose their judges through partisan, or at least politically influenced, elections? I offer a few thoughts at the IAALS Blog.

Colorado’s Chief Justice on court operations, judicial selection, and experiential diversity

The Colorado Springs Gazette has a terrific short interview with the state’s Chief Justice, Brian Boatright, on a wide variety of issues related to court operations and interdependence. Here is a taste:

[Q]: Is there any change during the COVID-19 era that you believe the Supreme Court couls permanently incorporate into its work post-pandemic?

Boatright: I believe that we will incorporate the practice of allowing attorneys to make oral argument remotely in certain circumstances. The pandemic has taught us that oral arguments can be efficient and effective wheh done virtually. I expect that attorneys who previously has to travel significant distances to present their arguments will want to take advantage of that option. Hopefully, that flexibility will reduce costs for their clients.

Chief Justice Boatright also discusses experiential diversity on the court, the role of collegiality, and the benefits of Colorado’s judicial selection system. It’s well worth a full read.

 

Rwanda ends recruitment exams for judges

The Rwandan government has changed its system for recuiting judges, ending the practice of requiring judicial candidates to pass specific recuitment exams. Instead, judges will now be political appointees. Under the lew legislation:

judges shall instead be appointed by the High Council of the Judiciary upon recommendation by the Bureau of the Judiciary.

They will be appointed based on their integrity, expertise and excellence they are known of in their career, and in their normal private life, other than gauging their capacity on their level of passing recruitment tests.

I don’t pretend to know enough about Rwanda’s political or judicial system to opine on the motivations for the change. But if a state that traditionally has employed a career judiciary –with testing and training up of young judges up front — suddenly moves to a system of politically appointing judges as a capstone to their legal careers, it’s certainly noteworthy.

Oh, Canada! Lawsuit alleges that country’s method of selecting federal judges is unconstitutional

The Canadian nonprofit Democracy Watch has filed a new lawsuit in federal court in Toronto, alleging that the country’s method of choosing federal judges violates the Canadian Constitution. Specifically, Democracy Watch claims that the process consolidates too much power in the hands of the Minister of Justice and Attorney General of Canada, a single cabinet position which is politically appointed.

Under the current appointment process, provincial advisory committees (most of whose members are appointed by the justice minister) submit to the justice minister a list of candidates for each judicial opening. The justice minister then consults with other cabinet members and members of Parliament from the governing party. After consultation, the justice minister has the final choice for appointment.

This certainly sounds like the justice minister has enormous leverage, especially since there is no obligation to consult with opposing parties or to seek out views from outside the minister’s inner circle. In this respect, the process may preclude outstanding candidates from being considered, and therefore may have an effect on the overall quality of the judiciary. Whether this is truly a constitutional problem or merely a policy one, I cannot say. But the case will be worth following, both for the ultimate result and for how Canadian federal judges address delicate questions regarding the constitutionality of their own appointments.