Tag: merit selection

Update on state legislation affecting the courts

State legislatures continue to propose and advance bills that will impact their respective court systems.  Here are some of the latest developments:

  • Indiana’s proposal to convert Marion County (Indianapolis) to a merit selection system is heading to conference committee.  The latest version of the bill calls for a 14-member nominating committee to choose three final candidates for the governor’s selection; four of the committee members would be chosen from voters.  Previous coverage of the Indiana bill and its history is here.
  • In Arkansas, a new bill would change the way state judges are elected in Cumberland County Superior Court.  The current election system grants seats on the bench to the top two vote-getters among all candidates.  The bill would require candidates to declare which of the two judicial seats they are seeking.
  • The Florida House of Representatives has passed an amendment to the state constitution that would impose term limits on state appellate judges, including supreme court justices.  This is a terrible idea, but happily it is still in its infancy.  The state senate would also have to approve the move, and then voters would have to approve it in 2018.  Similar efforts in others states have been defeated in recent years after they were exposed for the transparent political proposals that they were.
  • Nebraska’s unicameral legislature has advanced a bill to raise judicial pay in the state.

 

Indiana legislature considers expanding merit selection for state judges

Merit selection refers to a method of choosing state judges through a nominating commission, which typically selects three candidates and forwards the names to the governor for final selection.  Judges chosen through merit selection are therefore pre-vetted for qualifications, skill, and judicial temperament.  Most states with merit selection protect accountability to the public by appointing judges to set terms on the bench, after which they must seek reappointment or retention before the voters.

I have long championed merit selection as the best process for balancing quality judges and public accountability.  The process is not perfect, but if done thoughtfully — with a balanced and inclusive nominating commission, sufficiently lengthy terms to allow a judge to grow professionally on the bench, and retention elections coupled with a transparent judicial evaluation process — they have proven to be very effective.

Many states around the country choose some or all of their judges through merit selection.  And Indiana, which uses merit selection for trial judges in three large counties (Allen, Lake, and St. Joseph), is now poised to expand the system to Marion County as well.

Continue reading “Indiana legislature considers expanding merit selection for state judges”