GDL

Thirty Years of Judicial Retention Elections: An Update

ISSN: 0362-3319.
Journal from gdlhub / 2017-08-14 12:04:24
Oleh : LARRY ASPIN, WILLIAM K. HALL, JEAN BAX, and CELESTE MONTOYA, Bradley University (aspin@bradley.edu)
Dibuat : 2012-06-19, dengan 1 file

Keyword : Thirty Years of Judicial Retention Elections: An Update
Subjek : Thirty Years of Judicial Retention Elections: An Update
Sumber pengambilan dokumen : Internet

The mechanics of the Missouri plan are straightforward. Judges are appointed to the bench


by the governor who selects from the list proposed by a judicial nominating commission.


After a probationary period, the new judge faces the voters on the question of whether or


not he/she should be continued in office. If the judge receives the requisite percentage of


affirmative votes in this uncontested plebiscite, the judge earns a full term in office. At the


end of each succeeding term, the judge again faces the voters on a retention ballot. This


approach to judicial selection is considered a practical compromise between judicial


independence and public accountability. Merit selection combined with retention elections


is designed to obtain qualified judges, insulate those judges from political influences by


removing partisan politics from the judicial selection process, and still provide a mechanism


for removal of judges through public accountability.


The judicial retention election is unlike any other election. The judge standing for


retention has no opponent. He/she stands alone on the ballot and the voter is asked to simply vote yea or nay. The judge’s party affiliation is absent from the ballot1 for the


intention was to have voters make the decision on the basis of the judicial performance.


However, numerous studies have documented the low levels of voter information about


judges, judicial performance, and the nature of retention elections (e.g., Johnson et al.,


1978; Griffin and Horan, 1979; Lovrich and Sheldon, 1983; Toohey, 1993). In this


situation what have voters been doing? First, many voters resolve the problem by not


voting in the retention election. Rolloff is higher in retention elections than in other types


of judicial elections (Dubois, 1980).

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