By Justice Sandra Day O'Connor

"Take Justice Off the Ballot"

May 22, 2010

ITEM DETAILS
Type: Op ed
Source: The New York Times

Article Text

(Excerpt)

Washington

ALTHOUGH our attention as a nation is focused on the selection of a new justice to the Supreme Court, another judicial process that is also extremely important is happening across the country: the selection of state court judges. But in too many states, citizens are being shortchanged by the way these judges are chosen.

Each state has its own method of choosing judges, from lifetime appointments to partisan elections. But judges with a lifetime appointment are not accountable to voters. And elected judges are susceptible to influence by political or ideological constituencies.

A better system is one that strikes a balance between lifetime appointment and partisan election by providing for the open, public nomination and appointment of judges, followed in due course by a standardized judicial performance evaluation and, finally, a yes/no vote in which citizens either approve the judge or vote him out. This kind of merit selection system — now used in some form in two-thirds of states — protects the impartiality of the judiciary without sacrificing accountability.

State courts resolve the most important legal matters in our lives, including child custody cases, settlement of estates, business-contract disputes, traffic offenses, drunken-driving charges, most criminal offenses and most foreclosures. More than 100 million cases are filed in state courts each year.

When you enter one of these courtrooms, the last thing you want to worry about is whether the judge is

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