judgesonmerit.org

Washington State University is reporting that its recent survey on judicial selection (conducted with the American Judicature Society) reveals that voters are dissatisified with the current electoral system and favor implementing a Merit Selection system.  The two elements that were most appealing about Merit Selection were the use of a nominating commission and the inclusion of regular retention elections.

Survey respondents valued the idea of a nonpartisan nominating commission composed of lawyers and nonlawyers.  They believed the commission would focus judicial selection on qualifications and also would limit the Governor’s discretion in making judicial appointments.

Central to the survey’s findings was the respondents’ beliefs that a Merit Selection system with regular retention elections would actually provide more opportunity for voter input in judicial selection.  Voters felt that having every judge stand for retention at regular intervals would increase accountability and give voters an important chance to weigh in on a judge’s performance.

The researchers observe that:

It is clear that in a head-to-head choice, after having considered in some detail the major characteristics of both the current nonpartisan election system and the hypothetical commission-based system, the registered voters surveyed in Washington during the 2008 election season clearly prefer the commission system.

We hope voters in Washington will have an opportunity to decide whether to implement a new way to choose their judges.

After a year and a half of debate and revision, a bill to start the process of bringing Merit Selection to the appellate courts of Washington has stalled in a committee of the Washington House of Representatives. Seattle attorney and blogger Rand Koler, who writes extensively about the Washington judiciary, has been following with interest the progress of the Merit Selection proposal. He believes, as we do, that “our system of government depends on an independent judicial branch, free — to the extent possible — from the influence of lobbyists, special interests and generally the sway of money.”

HB 2150 has support and sponsors on both sides of the political aisle. As an amendment to the Washington constitution, it would have allowed the state’s voters to weigh in on their preferred method for selecting appellate judges. Unfortunately, it’s been sidelined by the House Rules Committee, and Committee Chair Frank Chopp has exercised his power to keep the bill from coming up for a vote.

It’s unfortunate that this reform effort has, at least for now, been tabled. We hope that someone can prevail upon Mr. Chopp to allow his colleagues in the legislature, and the people of Washington, the chance to vote on this Merit Selection proposal.