1. Introduction. The challenges of judicial selection and retention in the states; 2. North Carolina: partisanship in the extreme; 3. Arkansas: third time was the charm; 4. West Virginia: change and chaos; 5. Tennessee: unconstraining the Governor's choice of appellate judges; 6. Georgia: nonpartisan elections as part of court modernization; 7. Mississippi: a complex of factors; 8. Utah: the two step; 9. New Mexico: finding its own unique approach; 10. Connecticut, Rhode Island, and South Carolina: adding 'merit' to nonelective systems; 11. Florida and South Dakota: unsuccessful efforts to extend the Missouri Plan; 12. Nevada and Ohio: voters say no to the Missouri Plan; 13. Minnesota, Pennsylvania, Texas, and New Hampshire: talk, talk, talk, but no results; 14. Missouri, Kansas, and Oklahoma: unsuccessful efforts to end 'merit' nominating commissions; 15. Conclusion: what do we want in our judges?
How do legal professionalism and politics influence efforts to structure the process of selecting and retaining state judges?
Herbert M. Kritzer is the Marvin J. Sonosky Chair of Law and Public Policy at the University of Minnesota Law School. He is the author or coauthor of eight previous books, including Justices on the Ballot (Cambridge, 2015), and more than 100 articles or book chapters.
'Judicial Selection in the States is an exceptionally well-crafted
analysis of the goals, timing, and successes or failures of
reformers seeking to alter judicial selection procedures in their
respective states. Employing a robust theoretical framework and
remarkably rich and insightful case studies, this book contributes
mightily to the scientific literature and the political controversy
perennially raging over staffing the state court bench. An
outstanding achievement!' Melinda Gann Hall, Michigan State
University; author of Attacking Judges: How Campaign Advertising
Influences State Supreme Court Elections
'Kritzer presents a rich and nuanced picture of efforts to change
systems for selection of state judges and an insightful analysis of
the motives that underlie those efforts. His book adds enormously
to our understanding of why rules for selection of judges change -
or don't change.' Lawrence Baum, Ohio State University; co-author
of The Battle for the Court: Interest Groups, Judicial Elections,
and Public Policy
'In this book, Kritzer brings his usual, trenchant, clear-eyed
analysis to bear on the baffling, and seemingly directionless
course of state judicial selection reform in the aftermath of the
merit selection movement. An exceptional work - and essential
reading for anyone who cares about how America picks its judges.'
Charles Gardner Geyh, John F. Kimberling Professor of Law, Indiana
University, and author of Who is to Judge? The Perennial Debate
Over Whether to Elect or Appoint America's Judges
'The bottomline is that Judicial Selection in the States is a
remarkable achievement. Kritzer assembles and amalgamates an
abundance of information on state-specific debates that coalesces
into a comprehensive account of reform efforts during the modern
era … This book is clearly a must-read for anyone interested in
judicial selection, but it will also prove fascinating for those
interested in law and courts, state politics, and political
institutionsmore broadly. It is an impressive accomplishment.' Greg
Goelzhauser, Perspectives on Politics
'All of the cases are thoroughly cited, offering readers the
opportunity to uncover more detail.' J. D. Rausch, Choice
'The bottom line is that Judicial Selection in the States is a
remarkable achievement. This book is clearly a must-read for anyone
interested in judicial selection, but it will also prove
fascinating for those interested in law and courts, state politics,
and political institutions more broadly. It is an impressive
accomplishment.' Greg Goelzhauser, American Politics
'In addition to a useful new theoretical lens through which to view
questions about judicial reform in the U.S. states, Kritzer
presents ample evidence to lead us to question some assumptions
about when and why such reforms occur. Additionally, in tracing all
successful and unsuccessful reform attempts over the past 38 years,
Kritzer uncovers a clear pattern towards more politically motivated
reforms.' Michael P. Fix, Law and Politics Book Review
'Kritzer is able to provide new insights into the varied
motivations underlying states' decisions to alter (or maintain)
their method of selecting and retaining judges.' Michael P. Fix,
Law and Politics Book Review
'This book is an incredible achievement and a valuable contribution
to the literature on state courts. It informs the discussion of
judicial reform and effectively demonstrates the drivers of and
hurdles facing reform efforts.' Hayley Munir, Political Science
Quarterly
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