NCJ Number
41700
Journal
Judicature Volume: 60 Issue: 10 Dated: (MAY 1977) Pages: 478-485
Date Published
1977
Length
8 pages
Annotation
THIS ARTICLE DESCRIBES THE JUDICIAL EVALUATION PROGRAM IMPLEMENTED IN ALASKA IN 1975, AND OUTLINES THE LIMITED SUCCESS THIS PLAN HAD WHEN ACTUALLY APPLIED IN A GENERAL ELECTION IN ALASKA IN NOVEMBER 1976.
Abstract
IN 1975, A LAW WAS ENACTED TO MAKE THE RETENTION ELECTION PROCESS FOR ALASKA JUDGES MORE MEANINGFUL BY REQUIRING THE JUDICIAL COUNCIL TO EVALUATE EACH JUDGE BEFORE HIS RETENTION ELECTION AND TO PROVIDE THE PUBLIC WITH INFORMATION ABOUT THE CANDIDATE. THE COUNCIL WAS ALSO GIVEN DISCRETION TO RECOMMEND PUBLICLY WHETHER OR NOT ANY JUDGE SHOULD BE RETAINED IN OFFICE. PUBLIC QUESTIONNAIRES SENT TO JURORS, LAWYERS, AND LAW OFFICERS WERE USED TO EVALUATE THE JUDGES. THE AUTHOR NOTES THAT DESPITE THE COUNCIL'S BEST EFFORTS TO PROVIDE AS OBJECTIVE AND REPRESENTATIVE A STUDY AS POSSIBLE, THE EXPERIMENT BACKFIRED -- JUDGES WERE GIVEN UNIFORMLY HIGH RATINGS. IN FACT, RATINGS WERE SO HIGH THAT THE EVALUATORS SURMISED THAT THERE MIGHT HAVE BEEN A 'HALO' EFFECT AT WORK. IN ADDITION, THE ONLY CANDIDATE TO RECEIVE A NEGATIVE RECOMMENDATION WAS RE-ELECTED BY AN OVERWHELMING MAJORITY. (AUTHOR ABSTRACT MODIFIED)...DMC