Keywords

courts, law, judicial, politics, elections

Abstract

Does the judicial selection process affect judicial behavior? In this paper I argue that the judicial selection process does affect the behavior and the character of the judiciary. Specifically, I argue that judges that are selected by executives in systems where no accountability to the people is present will mirror the ideological views of the executive in making their judicial decisions. I also argue that the competitive nature of elections influences judges to be more responsive to public opinion than those held accountable on non-competitive retention ballots. Lastly, I argue that judges that are elected or retained on non-partisan ballots will be harsher in their decision making, especially in criminal cases, than those on partisan ballots.