Judicial Selection Methods in the American States: The Values of Merit Plans
Hossein Abbasi
,
Working Paper
June
2011
Abstract
This article examines the relative merits of judicial selection methods in the American states. The conventional wisdom holds that appointive judges act differently than elected judges, because they are more independent and are less vulnerable to public pressure. Existing theories suggest that appointive systems create more uncertainty; therefore, one should expect higher litigation rates in these systems. They also suggest that public pressure forces elected judges to be more productive.