Reducing partisanship in judicial elections can improve judge quality: Evidence from U.S. state supreme courts

This essay probes the relationship among different kinds of political cultures, the conduct of judicial elections, and the extent of dissent on the state supreme courts of California, Ohio, Tennessee, and Texas from 1850 to 1920. The introduction at the turn of the twentieth century of Progressive election reforms—most notably the secret ballot, the direct party primary, and the nonpartisan ballot—reduced levels of turnout in judicial contests and increased roll-off from major statewide political to judicial elections. These reforms made judicial elections the tail on the electoral kite and denied the public its best means of regulating judicial policy making. Yet these changes in the electorate's behavior were seemingly unrelated to variations in the rate of dissent in these four state courts, whose judges apparently viewed popular partisan election as more a potential than a real threat to their independence.

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The Two Opposing Effects of Judicial Elections on Legitimacy Perceptions

State Politics & Policy Quarterly ◽

10.1177/1532440016647410 ◽

2016 ◽

Vol 17 (1) ◽

pp. 24-46 ◽

Cited By ~ 3

Author(s):

Benjamin Woodson

Keyword(s):

State Supreme Courts ◽

Supreme Courts ◽

Judicial Elections ◽

Multiple Indicators ◽

Highly Active ◽

Campaign Activity ◽

Diffuse Support ◽

Nationally Representative ◽

Election Systems ◽

Opposing Effects

Judicial elections have two opposing effects on legitimacy perceptions for state supreme courts. Elections not only provide a boost to legitimacy through the chance to hold officials accountable but also involve campaign activity that decreases legitimacy perceptions. This article examines these two opposing effects using a nationally representative survey that includes items assessing diffuse support for state supreme courts. It uses multiple indicators to differentiate between states with highly active election systems involving large amounts of campaign activity and states with less active elections systems that involve little campaign activity. The results from the survey show that the legitimacy of elected courts is higher than appointed courts but only in states with little election activity. In states with high amounts of election activity, the legitimacy of elected courts is lower than appointed courts.

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Judicial Elections and Opinion Quality in State Supreme Courts

SSRN Electronic Journal ◽

10.2139/ssrn.2238397 ◽

2013 ◽

Author(s):

Greg Goelzhauser ◽

Damon M. Cann

Keyword(s):

State Supreme Courts ◽

Supreme Courts ◽

Judicial Elections

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Malpractice & Negligence: State Supreme Courts Limit Therapists’ Duties to Third Parties

The Journal of Law Medicine & Ethics ◽

10.1017/s1073110500012985 ◽

1999 ◽

Vol 27 (2) ◽

pp. 204-205

Author(s):

Megan Cleary

Keyword(s):

Sexual Abuse ◽

Child Sexual Abuse ◽

Supreme Court ◽

New Hampshire ◽

Third Parties ◽

State Supreme Courts ◽

Recovered Memories ◽

Supreme Courts ◽

Repressed Memory ◽

University Of Colorado

In recent years, the law in the area of recovered memories in child sexual abuse cases has developed rapidly. See J.K. Murray, “Repression, Memory & Suggestibility: A Call for Limitations on the Admissibility of Repressed Memory Testimony in Abuse Trials,” University of Colorado Law Review, 66 (1995): 477-522, at 479. Three cases have defined the scope of liability to third parties. The cases, decided within six months of each other, all involved lawsuits by third parties against therapists, based on treatment in which the patients recovered memories of sexual abuse. The New Hampshire Supreme Court, in Hungerford v. Jones, 722 A.2d 478 (N.H. 1998), allowed such a claim to survive, while the supreme courts in Iowa, in J.A.H. v. Wadle & Associates, 589 N.W.2d 256 (Iowa 1999), and California, in Eear v. Sills, 82 Cal. Rptr. 281 (1991), rejected lawsuits brought by nonpatients for professional liability.

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