The Journey to the Bench

JUDICIAL SELECTION
1.) PARTISAN ELECTIONS-MOSTLY IN
SOUTHERN STATES.
2.) NON-PARTISAN ELECTIONS- MOSTLY IN
THE UPPER MIDWEST AND WESTERN US
3.) MERIT SELECTIONS-WEST OF THE
MISSISSIPPI RIVER.
4.) APPOINTMENTS- MOSTLY IN THE
EASTERN US
 EXECUTIVE APPOINTMENTS

Executive appointments by the governor or election

by legislator- only six states use these methods. All
Article lll federal judges receive executive
appointments.
 ELECTIONS

Partisan and non-partisan elections.

 The Negative Side of the Popular votes

1.) Popular elections do not encourage the most

qualified individuals to run.
2.) Popular elections suggest impropriety as judges
seek to gain favor with the public.
3.) Citizens are not likely to be aware of the
candidates’ actual backgrounds, educations,
experiences, or other qualifications in popular
elections.
 Merit Selection or the Missouri Bar Plan
Involves the melting of elements from:

• Gubernatorial appointments
•     Popular elections
•     Citizen involvement
•     Formal role for the legal profession
 Judicial Changes

Problems for new federal judges:

•  Mastering the full range of substantive and
procedural law
•     Supervising court staff and the docket
•     Psychological adjustments – from adversary to
impartial ruler.
 Judicial Support

Informal methods:
  Fellow and mentor judges
•     Court staff
•     Local meetings
•     Law libraries
•     Self-education
Formal training:
•     Judicial training schools
•     Judicial seminars
•     Institute for Judicial Administration
•     The National Judicial College
•     The Federal Judicial Center.
 REFRENCES

Neubauer, D.W. (2002). America’s courts and the

criminal justice system. Belmont, CA: Thomson
Higher Learning.