01 November 2010

More on Electing Judges

Advocates of judicial elections claim that electing judges make them accountable to the people. Even in those states where judges do not run against opponents, but instead stand for retention, advocates claim that while the people cannot select a new judge, at least they can throw the bums out when warranted. The modern reality is, though, that judges usually do not get removed by retention vote unless they have handed down a controversial decision that angers groups with the financial resources to run an ad campaign seeking their ouster. There is no better example of this than the retention vote taking place this year in the State of Iowa where the Iowa Supreme Court recently held that prohibiting gays and lesbians from marrying violated the Iowa State Constitution. Outraged, groups on the religious right have poured all kinds of money into removing these judges from office. The Associated Press has more.