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Judicial Selection Methods

ARKANSAS

Judicial selection method: general election

Current Court Structure

History

Court Levels:

  • Supreme Court
  • Court of Appeals
  • Circuit Court (general jurisdiction)
  • District Court (limited jurisdiction)

Number of judgeships and term lengths:

  • Supreme Court - 7 (8 years)
  • Court of Appeals - 12 (6 years)
  • Circuit Court - 122 (6 years)
  • 1836 – Judges elected by a majority of both houses of congress
  • 1848 – Circuit Court Judges elected by the people
  • 1864 – Supreme Court Justices elected by the people
  • 2000 – Amendment 80 passed

Competitive Election vs. Merit Selection

“A saint would be hard-pressed to disregard the fact that one litigant gave them a huge donation while the other gave nothing.…Most of our judges are not saints.” - Judge Rudy Serra, Former Detroit District Judge

"In too many states, judicial elections are becoming political prizefights where partisans and special interests seek to install judges who will answer to them instead of the law and the Constitution.” - Justice O'Connor

Competitive Elections:

  • Pro's: Judges face voters in democratic elections
  • Con's: Influence of money and special interests leads to corruption

($153.8 mil in 2000-2009 period spent for partisan vs $50.9 mil for nonpartisan and $2.2 mil for retention elections)

Appointment/Retention (Merit Selection):

  • Pro's: Advance diversity, guarantee legal expertise in a nonpolitical screening process, and avoid influence of money and special interests
  • Con's: Appear undemocratic

Current Court Structure

CALIFORNIA

History

Judicial selection method: Merit Selection

Court Levels:

  • Supreme Court
  • Court of Appeals
  • Superior Court

Number of judgeships and term lengths:

  • Supreme Court – 7 (12 years)
  • Court of Appeals – 102 (12 years)
  • Superior Court – 1535 (6 years)
  • 1849 – Supreme Court and District Court judges elected by the people
  • 1911 - Legislature established nonpartisan elections for judges.
  • 1926 - Constitution amended to provide for nonpartisan judicial elections.
  • 1934 – Voters approved a measure establishing appointment selection and retention election process for appellate judges
  • 1986 – Voters passed Proposition 49 adopting a constitutional amendment barring political parties from endorsing, supporting, or opposing candidates in elections for nonpartisan offices. (Ruled unconstitutional in 1996)
  • 1998 - California judges campaigned for and won changes to the judicial retention ballot.
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