Litigation

States Chipping Away at Merit Selection?

By Peter Hardin

Attacks on merit selection of judges have advanced in legislatures in Oklahoma and Arizona. Nationwide, merit selection is getting an unusual level of attention in state capitols.

In Oklahoma, the state Senate passed a resolution that would eliminate the Judicial Nominating Commission, which recommends candidates for the bench to the governor. The legislation also would require Senate confirmation of judicial picks.

In Arizona, the state Senate approved a measure that would end retention elections and require Senate confirmation of judges selected by the governor; it would revise judicial nominating commission membership but not eliminate the screening panels.

“Merit selection has been the focus of an exceptionally large number of bills this legislative year,” reported the Gavel to Gavel blog of the National Center for State Courts, saying the “scope of the bills range from tweaks, to modifications, to outright abandonment of merit selection.”

Democratic state Sen. Charlie Laster warned the Oklahoma bill ?would inject politics into selection of judges,? according to a Tulsa World article.

?All you have to do is look at what goes on in Washington, D.C., and see how partisan and political the confirmation of a judge process is,” he said.

Republican Sen. Clark Jolley, the legislation’s sponsor, said the way the Judicial Nominating Commission is structured, “You have the judiciary picking the judiciary and the executive having very little control regarding who is selected.”

In Florida, a House subcommittee voted to advanced a proposed constitutional amendment to require Supreme Court and appeals judges to capture 60 percent support from voters to stay on the bench after a term expires, the Orlando Sentinel reported.

From earlier Gavel Grab posts you can learn more about the legislation in Oklahoma by clicking here, in Arizona by clicking here and in Florida by clicking here. The National Center for State Courts is a partner of Justice at Stake.

Full post as published by The Gavel on March 10, 2011 (boomark / email).