Judicial Selection Coalition
This program was active from 2006–2010 but is now inactive.
The coalition was made up of organizations and interested individuals with concern about the current process for selecting
judges in Washington State. Each organization considered and acted upon proposed initiatives as recommended by representatives
through meetings held approximately monthly.
Some of the expressed concerns that gave rise to this coalition effort were: the increasingly partisan nature of judicial
campaigns; the escalating costs of funding a judicial election campaign; the lack of judicial campaign financing limits;
the growing amounts of special interest money being injected into judicial campaigns; the lack of sufficient standards
for eligibility for judicial office; the relative shortage of useful information available to voters regarding judicial
candidates and the difficulties of ferreting out such information; and the skewing of voting results by irrelevant factors
such as ballot placement and commonness of names of judicial candidates.
One of the principal activities of the coalition was sponsorship of www.votingforjudges.org, a nonpartisan information source about all judicial races
in the state of Washington.
Judicial Selection Coalition Participants
The following organizations were participating in the coalition:
- American Judicature Society
- Asian Bar Association
- Defender Association
- King County Bar Association
- League of Women Voters of Washington
- Loren Miller Bar Association
- Municipal League of King County
- Washington Defense Trial Lawyers
- Washington State Trial Lawyers Association
- Washington Women Lawyers
More Information on Judicial Selection
The Washington Judicial Selection Coalition is not the only group considering how best to select state judges. What follows
are web sites and articles that provide additional information on this topic from within Washington and around the nation.
Where materials are available electronically, the citation contains a hyperlink.
- American Judicature Society Judicial Selection in the States Project
The Hunter Center for Judicial Selection "conducts, synthesizes, and disseminates empirical research on
a wide range of judicial selection issues…. The center acts as a clearinghouse of information on judicial
selection for state court administrators, lawmakers, the media, the legal and academic communities, and court reform
organizations." Among other things, the Center runs the Judicial Selection in the States Project. Information
provided by the Project includes "methods of selecting, retaining, and removing of judges; successful and
failed reform efforts; the roles of parties, interest groups, and professional organizations in selecting judges;
and the diversity of the bench."
Materials available from this site include (as described by the Project
itself):
- Judicial Selection in the United States: A Special Report describes the historical evolution of judicial
selection in the United States.
- Judicial Selection in the States: Appellate and General Jurisdiction Courts is a set of tables that provide
basic information about the initial selection and subsequent retention of state judges.
- Judicial Selection Reform: Examples from Six States examines successful judicial selection reform efforts
in six states, discussing the nature of each reform and its implementation in other states, the events that
provided the impetus for reform, and the actors who were instrumental in bringing about the reform.
- Merit Selection: The Best Way to Choose the Best Judges describes the merit selection process and its
advantages over other methods of judicial selection.
- Justice At Stake Campaign
Justice at Stake is a nonpartisan campaign whose partners "educate the public and work for reforms to keep
politics and special interests out of the courtroom." JAS closely tracks judicial elections and provides state-by-state
analyses and national summaries, including The New Politics of Judicial Elections 2004: Report on State Supreme Court Elections.
- Brennan Center Fair Courts Project
The Brennan Center Fair Courts Project focuses on "improving judicial selection processes (including elections),
increasing diversity on the bench, preserving judicial independence and accountability, and keeping courts in balance
with other governmental branches." The Project web site contains a searchable database with summaries of law
review and political science articles, as well as links to Project reports and publications, including The New Politics of Judicial Elections 2002: How The Threat To Fair And Impartial Courts Spread To More States In 2002.
- American Bar Association Standing Committee on Judicial Independence
Among other materials regarding judicial independence and diversity, the Committee’s web site contains
a link to its 2003 report, Justice in Jeopardy, which "attempts to break the deadlock in the debate
over appointment versus election of state judges."
On November 11, 2005, the Judicial Selection Coalition hosted the Washington State Summit on Judicial Selection and
Judicial Independence at the Seattle University School of Law.
The following are materials from the event:
- Laws of 2006, Chap. 348,3SHB
1226 (extending campaign contribution limits to judicial elections; eff. June 7, 2006).
- Final Bill Report
- Letters of support for HB 1226:
- King County Bar Association, January 20, 2005
- Municipal League of King County, January 24, 2005
- Washington Defense Trial Lawyers Association, January 25, 2005
- Washington State Trial Lawyers Association, January 27, 2005
- Washington Chapter of the American Judicature Society, February 22, 2005
- Other bills in the 2005 legislative session:
- SB 6048 (replaced
SB 5015; judicial nominating commissions)
- SJR 8214 (replaced
SJR 8200; filling of Supreme Court vacancies)
- Letters of support for SB 6048 and SJR 8214:
- Editorial, State must prevent a politicized judiciary,
Tacoma News Tribune (Dec. 6, 2005)
- Neil Modie, State PAC to push for right-wing judges,
Seattle Post-Intelligencer (Nov. 25, 2005)
- Washington State Code of Judicial Conduct, Canon 7 (dealing with judges’ proper role in political activity)
- Ralph Thomas, Interest Groups Targeting State Supreme Court Races,
Seattle Times (May 23, 2006)
- Chris Bayley, Judges, Let's Show Some Restraint,
Seattle Times (May 9, 2006)
- John Ruhl, Contribution Limits Set for Judicial Races,
King County Bar Journal (April 2006)
- Kate Riley, In fairness, let's appoint all judges,
Seattle Times (Nov. 21, 2005)
- Peter Callaghan, State’s system of picking judges could be better,
Tacoma News Tribune (Nov. 15, 2005)
- Independence of State Judiciary Under Attack,
Tacoma News Tribune (Sept. 19, 2005)
- Kenneth P. Vogel, State Judicial Races Might Get Bigger Shot of Party Politics,
Tacoma News Tribune (Sept. 10, 2005)
- Richard B. Sanders, Judge-Election System Works Well, Seattle Times (Aug. 9, 2005)
- Jeff Frank, Finding a Way to Maintain Judicial Independence,
Seattle Times (July 1, 2005)
- American Judicature Society, Washington State Chapter, Judicial Performance Evaluations (June 8, 2005).
- Charlie Wiggins, Talking Points On Campaign Finance Reform 2005)
- Shira J. Goodman and Lynn A. Marks, A View From the Ground: A Reform Group's Perspective on the Ongoing Effort to Achieve Merit Selection of Judges,
Fordham Urban Law Journal (January 2007)
- Richard Briffault, Judicial Campaign Codes After Republican Party of Minnesota v. White (abstract and paper based on forthcoming U. Penn. L. Rev. article)
- Shirley Abrahamson, Judicial Independence as a Campaign Platform, WSBA
Bar News at 32 (March 2005)
- David Brody, The Relationship Between Judicial Performance Evaluations and Judicial Elections, 87 Judicature 168 (Jan. 2004)
- Symposium: Judicial Professionalism in a New Era of Judicial Selection, Mercer Law Review (Spring 2005)
- ABA Standing Committee on Judicial Independence, Justice in Jeopardy (2003)
- Charles Gardner Geyh, Why Judicial Elections Stink, 64 Ohio St. L.J. 43 ( 2003)
- Shirley Abrahamson, Speech: The Ballot and the Bench, 76 N.Y.U.L. Rev. 973 (2001)
- Malia Reddick, Merit Selection: A Review of the Social Scientific Literature,
106 Dick. L. Rev. 729 (2002)
- Madhavi M. McCall and Michael A. McCall, Campaign Contributions, Judicial Decisions, and the Texas Supreme Court,
Judicature (Vol. 90, Number 5, March-April 2007)
- Rebecca Love-Kourlis and Jordan M. Singer, Using Judicial Performance Evaluations to Promote Judicial Accountability,
Judicature (Vol. 90, Number 5, March-April 2007)
- Damon Cann, Beyond Accountability and Independence: Judicial Selection and State Court Performance,
Judicature (Vol. 90, Number 5, March-April 2007)
- Andrew Cohen, Judge Thyself—and Soon, Washington Post (May 24, 2006)
- Judges in the Culture Wars Crossfire,
91 ABA Journal 44 (Oct. 2005)
- Terry Carter, Judicial Races, Litigation Likely to Heat Up,
ABA Journal eReport (Aug. 2005)
- Kavan Peterson, Cost of Judicial Races Stirs Reformers,
Stateline.org (Aug. 5, 2005)
- Dirk Olin, Courting the Public, New York Times (March 2, 2005)
- Terry Carter, Mud and Money: Judicial Elections Turn to Big Bucks and Nasty Politics,
ABA Journal (Feb. 2005)
- Adam Liptak, Judicial Races in Several States Become Partisan Battlegrounds,
New York Times (October 24, 2004)
- Emily Heller, Judicial Races Get Meaner: New litigation tactics, hard cash mark bench battles,
The National Law Journal (Oct. 25, 2004)
Alabama
- Megan Nichols, Lawyers: Appoint Appeals Judges, Mobile Register (Aug. 8, 2005)
California
Georgia
- State Bar of Georgia Court Futures Committee, Paths to Justice: The Future of Judicial Selection in Georgia (May 2005)
Kansas
- Carl Manning, Legislators Angered By High Court Decisions,
Lawrence Journal-World (March 27, 2005)
- Graves, Justices See Eye To Eye On Judges: Governor, high court denizens say appointments preferable to elections,
Lawrence Journal-World (Nov. 1, 2000)
- Mike Shields, Panel Calls For Sweeping Kansas Judiciary Changes,
Lawrence Journal-World (May 17, 1999)
- Kansas Citizens Justice Initiative, Draft Final Report of the Kansas Justice Commission (1999)
Minnesota
Missouri
- Report of Missouri Bar Commission on the Independence of the Judiciary (2005)
New York
- New York County Lawyers’ Association, Report On Non-Retention/Retention Elections (May 2005)
South Dakota