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Statement of Gordon L. Doerfer, President, American Judicature Society Regarding U.S. Supreme Court Decision in Caperton v. Massey DES MOINES, IA, June 9, 2009 – The decision of the Supreme Court of the United States in Caperton v. Massey upholds important due process rights by requiring elected judges to step aside in cases involving substantial financial supporters. The effect of the decision will be to compel states in which judges are elected to clarify their rules for disqualification of judges based on campaign contributions. Fortunately, there is a proven alternative to contested election of judges: merit selection. The core features of a merit selection system, outlined by the American Judicature Society’s Model Judicial Selection Provisions, http://www.ajs.org/selection/docs/MJSP_web.pdf, provide for a broadly-based commission to nominate the best-qualified people for appointment to the bench. In most of the states that use such a system, judges serve short, initial terms in office before facing voters in yes-no retention elections, where the chances of excessive spending and disproportionate influence are greatly reduced. No statewide merit selection system has ever been abandoned in favor of returning to contestable judicial elections. Through its Center for Judicial Ethics and Hunter Center for Judicial Selection, the American Judicature Society provides resources, models and technical assistance to states in the interest of promoting fair and impartial judiciaries that are held to the highest standards of conduct. |
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