167.1 The politics of judicial election and selection

Wednesday, August 1, 2012: 2:30 PM
Faculty of Economics, TBA
Lawrence FRIEDMAN , Law School, Stanford University, Stanford, CA
     In the United States, federal judges and a few state judges are appointed; most of the rest are elected.  The paper briefly recounts the history of the electoral process for judges, and the social forces that led to this unique system; as well as those which, in the 20th century, produced significant changes.   Recently, these elections have become much more politicized and partisan.  The paper discusses why this has occurred; and reviews some of the empirical literature which has explored the question of the behavioral consequences of the election system, and how it bears on the issue of judicial independence, autonomy, and impartiality.