Judicial elections, democratic appointment (e.g., senate confirmation), and the Missouri Plan (a/k/a "merit selection")

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Thursday, September 11, 2014

Judicial Selection In Tennessee


Margaret L. Behm & Candi Henry, of Dodson Parker Behm& Capparella, PC, have written Judicial Selection In Tennessee: Deciding'The Decider", 1 Belmont Law Review 143 (2014)
The abstract:
The quality of judges and the manner of selecting them matters; this is a basic premise underpinning the rule of law in the United States. From the inception of the United States’ democratic system, the judiciary’s Damoclean Sword has been the threat of subrogation at the hands of the Legislature, and perhaps the easiest way to rattle the sword has been to legislatively interfere with judicial selection — whether by changing the manner of appointment or by simply refusing to fill vacancies. The comments above span the eighteenth, nineteenth, and twentieth centuries, and today in Tennessee the proverbial horse’s hair has never seemed more precarious.

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