NCJ Number
86821
Journal
Judicature Volume: 66 Issue: 6 Dated: (December/January 1983) Pages: 265-273
Date Published
1983
Length
9 pages
Annotation
This review of the 12 voluntary merit selection plans for selecting judges in the States considers the scope of the orders, membership, and procedures.
Abstract
In States where the power to appoint judges to initial or interim vacancies is vested in the governor and where constitutional or statutory attempts at merit selection have failed, executives have chosen an easier means of instituting a plan -- the executive order. These orders have commonly created a nominating commission to screen applicants for initial or interim vacancies to the courts over which the executive has appointing power. The major weakness of this plan is that the succeeding executive is not bound to extend the life of the executive order. All 12 of the existing voluntary plans cover interim vacancies, and 8 cover initial appointments. Most of the commissions assist in the selection of general jurisdiction court judges. Seven States use a single, statewide commission with from 9-18 members. Five States have regional commissions. In most cases, commission membership is fairly evenly divided between lawyers and laymen. Generally, members serve 1-3 years. In all but two States, the governor appoints the commission chairperson. Ten of the 12 jurisdictions allow the commissions to adopt their own operating procedures. Five jurisdictions require a quorum to be present when making decisions about nominees. Four require a simple majority, and three do not require a quorum. Eight plans specify that deliberations are to be confidential. When making recommendations, the majority of commissions are required to present three to five names to the governor. The effectiveness and integrity of a judicial nominating commission depends on the degree to which the governor is removed from the commission's operations.