ABSTRACT

Judges on the U.S. Supreme Court are nominated by the president and confirmed by the senate. On the state level, there are a variety of processes for selecting judges, with most states allowing the public to have a direct vote in some manner. Supporters of judicial elections argue that they hold judges accountable to the people. Opponents argue that electing judges increases the role of money in elections, and threatens the impartiality of the judicial branch. When it comes to the question of electing federal judges, the states are currently serving as laboratories of democracy by testing out different systems. In this chapter, the author explains how the debate over judicial elections involves a fundamental tradeoff between judicial independence and political accountability.