Judicial Elections

Huber, Gregory A., and Sanford C. Gordon. “Accountability and Coercion: Is Justice Blind When It Runs for Office?” 48 American Journal of Political Science 247 (2004). (JStor)

December 20, 2011

This empirical study analyzes sentencing data from 22,095 Pennsylvania criminal cases in the 1990s, concluding that the judicial election process leads judges to become more punitive as the election season approaches.

Hall, Melinda Gann. “Voting in State Supreme Court Elections: Competition and Context as Democratic Incentives,” 69 Journal of Politics 4, 1147 (2007). (Wiley)

December 20, 2011

This empirical study of ballot roll-off in 654 supreme court elections from 1980–2000 shows that competition, incumbency, and contextual forces that increase salience and information have an important impact on voter participation.

Hall, Melinda Gann. “Voluntary Retirements from State Supreme Courts: Assessing Democratic Pressures to Relinquish the Bench,” 63 Journal of Politics 4, 1112 (2001). (JStor)

December 20, 2011

This article presents findings that suggest that while partisan and retention elections promote strategic retirement by state supreme court justices, nonpartisan elections do not.

Hall, Melinda Gann. “State Supreme Courts in American Democracy: Probing the Myths of Judicial Reform,” 95 American Political Science Review 2, 315 (2001). (JStor)

December 20, 2011

This empirical study analyzes state supreme court elections from 1980–1995 and finds that court reformers underestimate the substantive component of partisan elections and overestimate the degree to which nonpartisan and retention elections are insulated from partisan politics.

Hall, Melinda Gann. “Justices as Representatives: Elections and Judicial Politics in the American States,” 23 American Politics Quarterly 4, 485 (1995). (Sage)

December 20, 2011

This empirical study uses death penalty votes in state supreme courts to show that personal as well as policy considerations affect the goals of judicial actors and that the pursuit of these goals is furthered or hindered by different types of institutional arrangements.

Hall, Melinda Gann. “Electoral Politics and Strategic Voting in State Supreme Courts,” 54 Journal of Politics 2, 427 (1992).(JStor)

December 20, 2011

This empirical study suggests that state supreme court justices who face competitive elections may vote in a manner consistent with constituent opinion even when their own views differ, and that single-member districts, experience seeking reelection, and narrow vote margins, among other factors, encourage such strategic voting.

Hall, Melinda Gann, and Chris W. Bonneau. “Mobilizing Interest: The Effects of Money on Citizen Participation in State Supreme Court Election,” 52 American Journal of Political Science 3, 457 (2008). (JStor)

December 20, 2011

This empirical study gathers data from 260 supreme court elections held from 1990–2004 to show that greater campaign spending increases voter participation.

Hall, Melinda Gann, and Chris W. Bonneau. “Does Quality Matter? Challengers in State Supreme Court Elections,” 50 American Journal of Political Science 1 (2006). (JStor)

December 20, 2011

This article examines 208 judicial elections from 1990–2000, finding that voters appear to evaluate challengers’ qualifications and that experienced challengers lessen the electoral security of incumbents.

Gordon, Sanford C., and Gregory A. Huber. “The Effect of Electoral Competitiveness on Incumbent Behavior,” 2 Quarterly Journal of Political Science 107 (2007).

December 20, 2011

This empirical study of Kansas trial judges—some of whom are chosen by competitive partisan elections and some of whom are chosen by noncompetitive retention elections—concludes that electoral competitiveness motivates trial judges to sentence criminal offenders more harshly.

Gibson, James L. “‘New-Style’ Judicial Campaigns and the Legitimacy of State High Courts,” 71 Journal of Politics 4, 1285 (2009).

December 20, 2011

This article relies upon an experiment embedded within a representative national survey to conclude that the legitimacy of elected state courts is threatened not by the exercise of the free speech rights extended to candidates  for judicial office in Republican Party of Minnesota v. White, but by campaign contributions.