Pozen, David E. “The Irony of Judicial Elections,” 108 Colum. L. Rev. 265 (2008). (SSRN)

May 9, 2012

This article presents an analytic taxonomy of the arguments for and against judicial election systems, discusses the costs and benefits of elective judiciaries in the “new era” of higher campaign spending and increased interest group involvement, and argues that there is an underappreciated tradeoff between the health of judicial elections and the health of the judiciary.

  • Judicial Election

    Judges are elected by popular vote.
  • Democratic Appointment

    Judges are appointed directly by a democratic body, or appointed by the governor with the advice and consent of some democratic body.