Judicial Elections

Gibson, James L. “Challenges to the Impartiality of State Supreme Courts: Legitimacy Theory and ‘New-Style’ Judicial Campaigns,” 102 American Political Science Review 1, 59 (2008).

December 20, 2011

This article presents survey data indicating that while campaign contributions and attack ads in judicial elections threaten the legitimacy of courts, policy pronouncements do not.

Gibson, James L. “Campaigning for the Bench: The Corrosive Effects of Campaign Speech?” 42 Law and Society Review 899 (2008). (SSRN)

December 20, 2011

This article uses post hoc and experimental methods to assess whether public perceptions of courts are influenced by various sorts of campaign activity and concludes that different types of campaign activity (e.g. policy pronouncements and policy promises) have very different consequences.

Gardner Geyh, Charles. “Straddling the Fence between Truth and Pretense,” 22 Notre Dame J.L. Ethics & Pub. Pol’y 435 (2008). (SSRN)

December 20, 2011

Article examines whether judges decide cases based strictly on law or whether they fit the law to their preferences; and it argues that, while the options present a false dichotomy, there is reason to prefer the law based model beyond court legitimacy.

Gardner Geyh, Charles. “Why Judicial Elections Stink,” 64 Ohio St. L. J. 43 (2003).

December 20, 2011

This article examines the political realities that cause state judicial elections to fail and proposes a six-point long-term strategy aimed at overcoming popular support for judicial elections, gradually phasing elections out of existence, and replacing them with an appointed mode of selection similar to the federal system.

Frederick, Brian, and Matthew J. Streb. “Women Running for Judge: The Impact of Sex on Candidate Success in State Intermediate Appellate Court Elections,” 89 Social Science Quarterly 937 (2008). (Wiley)

December 20, 2011

This article examines whether a candidate’s sex influences the outcomes in judicial elections.

Frederick, Brian, and Matthew J. Streb. “Paying the Price for a Seat on the Bench: Campaign Spending in Contested State Intermediate Appellate Court Elections,” 8 State Politics and Policy Quarterly 410 (2008). (Sage)

December 20, 2011

This empirical study examines the factors that predicted campaign spending in 172 contested state intermediate appellate court races from 2000–2006 and finds that the characteristics of the race, institutional factors, and the context of the campaign are all relevant.

Dubois, Philip L. “Penny for Your Thoughts? Campaign Spending in California Trial Court Elections, 1976-1982,” 36 Western Political Quarterly 265 (1986).

December 20, 2011

This empirical study of judicial campaign expenditures in nonpartisanCaliforniatrial California trial court elections from 1976 to 1982 concludes that when viewed from the systemic level, judicial campaign costs are neither extraordinarily high nor rapidly increasing, and that as compared to expenditures for other political campagins, the costs are insignificant.

Dubois, Philip L. “Voting Cues in Non-Partisan Trial Court Elections: A Multivariate Assessment,” 18 Law and Society Review 395 (1984). (JStor)

December 20, 2011

This empirical study examines the contributions of incumbency, occupational ballot labels, campaign spending, newspaper and bar association endorsements, voter information pamphlets, and the ethnic and sexual voting cues provided by candidate surnames to the outcomes of the 123 contested primary and run-off elections held for California’s major trial court from 1976 to 1980.

Dubois, Philip L. “From Ballot to Bench: Judicial Elections and the Quest for Accountability,” Austin: University of Texas Press (1980).

December 20, 2011

This book thoroughly analyzes all statewide elections held from 1948 to 1974 for justices of state courts of last resort in nonsouthern states and concludes that non-elective judicial selection systems have not dramatically improved the quality of the bench and that partisan judicial elections go a long way toward achieving their accountability goal.

Dimino, Sr., Michael R. “The Worst Way of Selecting Judges—Except All the Others That Have Been Tried,” 32 N. Ky. L. Rev. 267 (2005).

December 20, 2011

This article argues that while judicial elections have their defects, alternative judicial selection methods often suffer from similar flaws, and concludes that judicial elections are the best way to choose judges because they have one advantage over other methods: accountability.