Three Out Of Four Americans Believe State Judges Should Be Elected By The People
July 15, 2008
An overwhelming 75% of American voters believe state Supreme Court justices should be elected by the people. The results come from a new nationwide public opinion survey just released by the American Justice Partnership Foundation. Only 21% favored the so-called “merit selection” process – where a small commission of lawyers meets in secret to decide who will sit on the bench.
Despite a comprehensive campaign by well-financed special interest groups and heavy lobbying by the legal elite, Americans are unwavering in their support for the democratic election of judges. Support for judicial elections was remarkably stable among voters, even when presented with numerous arguments against it. Among the poll’s other findings:
- Voters found several arguments in favor of judicial elections to be “very persuasive” – with two out of three agreeing that “the people have a right to choose the judges who will make decisions that affect their lives;” 64% agreeing that elections are an effective way to hold judges “accountable for their decisions;” and 63% agreeing that “voters should have a right to express their will through judicial elections.”
- By contrast, none of the arguments in favor of an appointment/nominating commission process were found “very persuasive” by a majority of voters. Arguments that campaign fundraising by judicial candidates “creates the perception that they are beholden to contributors, which undermines the integrity of the courts” was found “very persuasive” by just 42% of voters. Only 27% were very persuaded that an advisory board that included lawyers was better able to evaluate judges than voters.
- More than half (53%) of those surveyed said that public financing of judicial campaigns was a “bad idea,” compared to just 43% who said it was a “good idea.”
The results should serve as a wakeup call for state political leaders who are considering taking away the right of citizens to vote for state judges – a right enshrined in many state constitutions.
Posted by Dan Pero in the categories: Judicial Elections
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