Jul 29 2009
Questioning Elections in Indiana
An editorial in the Fort Wayne Journal Gazette suggests that Merit Selection might be the solution to the problems of money and politics influencing judicial selection. Faced with a mixed system in which some judges are elected in partisan contests, others run in nonpartisan elections and still others reach office through a Merit Selection system, the editorial opines “Hoosiers and their lawmakers should reconsider whether having judges run for office is really the best way to achieve justice.”
The editorial focuses on Allen County—which contains Fort Wayne. That county had appointed judges until the 1980s, “when a state lawmaker – with little public demand – changed the method to a non-partisan election.” Further:
“[I]ncumbent Allen County judges are rarely challenged and seldom – if ever – defeated. More telling, many judges retire midterm, when their successor will be appointed. Allen County has a judicial nominating commission that examines applications and submits three names to the governor, who appoints the judge.”
The editorial notes that this system could be easily adapted into a Merit Selection system to fill all judicial posts. The editorial board is on the right track—Merit Selection is worth a look in Indiana counties that elect their judges, and in plenty of other places as well.
Tags: Allen County, Fort Wayne, Indiana, Journal Gazette, judicial elections, Merit Selection, other states
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As usual, you are wrong on this issue. Merit based selection is not the answer. It is a trade. I argue that there is a three-prong approach that all jurisdictions should consider in electing & appointing judges. The hybrid system works, it is the corruption we are seeking to get rid of, not the system. I will refer you to my commentary on Justice Rose’s response to an editorial piece on Nevada & my article on the same topic. This issue is much more in depth than just ‘merit based selection’, for that too can & does create corruption. The Nevada system is similar to Indiana and justice has not been the winner & the vast majority of judges are appointed via ‘merit based’ selection.
See:
Commentary On Retired Chief Justice Rose’s Reasoning For Judicial Appointment
http://www.legallyunbound.com/2009/07/commentary-on-retired-chief-justice.html
&
The Solution To The Debate Over Nevada’s Judicial Appointments v. Judicial Elections
http://www.legallyunbound.com/2009/07/solution-in-nevadas-judicial.html
Legally UnBound