Litigation

JAS Partners Support AK Merit Selection

By Peter Hardin

Two partner groups of the Justice at Stake Campaign have filed amicus briefs with a federal appeals court supporting Alaska’s merit system for selection of judges.

In September, a district court judge dismissed a lawsuit challenging the system’s constitutionality (see Gavel Grab).That decision is on appeal to the Ninth U.S. Circuit Court of Appeals.

The American Judicature Society submitted an amicus brief urging the court  to consider the impact an adverse decision would have on 14 states with merit selection systems most similar to Alaska’s, and another 17 states with other forms of merit-based selection of judges.

Alaska voters “made an informed decision about how they wanted to select their judges when they adopted their constitution.  They chose a system that they believed would lead to the selection of high quality and independent candidates who were not tied to political parties or special interests.  This system has proven to be effective and fair for more than fifty years,” the brief said.

The Brennan Center for Justice argued in its amicus brief that Alaska’s decision to give the state bar responsibility for appointing attorney members to a nominating commission, rather than allowing a political branch of government to appoint all members, promotes the constitutionally vital goals of judicial independence and judicial quality.

To learn more about appointment and retention systems, click on Justice at Stake’s issues page about them.

Full post as published by The Gavel on March 17, 2010 (boomark / email).