Should Judges Be Elected?
When Justice Sandra Day O'Connor retired from the Supreme Court in January of 2006, one of the issues she felt very strongly about was the increasingly common call for federal judges, and state judges, to be elected as opposed to appointed. She was decidedly against the idea, and has put a great deal of her time, outside of hearing cases on various federal courts of appeal and encouraging greater civics education, to fighting efforts in various states to turn to an elective system of placing judges on the bench. A number of states already have an elective system in place, or variants of it, but at the Federal level the Constitution in Article 3 creates the appointive process of nomination by the President and confirmation by the Senate. The question I have been pondering more and more lately is whether it is really desirable to have elected judges. I will attempt to answer that question with this article.
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