ABSTRACT

This chapter explores the meaning and significance of judicial independence in the US political system, describes the ways states have sought to protect the values in the face of the pressures of electoral politics. It explains the implications of those rules on the ways candidates behave and the information available to voters. The chapter also explains the political science literature predicts that these rules will largely have the effect on judicial campaigns that Traditionalists hope: discouraging candidates from advertising and from speaking about issues. It predicts that the regulations will hamper the ability of the electorate to hold incumbents accountable, making challengers less likely to arise and contributing to larger incumbent margins of victory when challenged. The chapter concludes with the effects of rules that limit the ability of candidates to communicate with voters, affiliate with political organizations, and personally solicit money.