A Survey of Studies on Judicial Selection

Abstract

The Alaska legislature is considering a bill — Senate Joint Resolution 3 — that would put before voters a state constitutional amendment to change the composition of the Alaska Judicial Council and the way its members are selected. The Alaska Judicial Council plays a constitutionally-mandated role in the selection of Alaska’s judges and also makes recommendations to voters concerning retaining or not retaining judges as part of the judicial retention election process. This article reviews selected existing studies relevant to potential effects of this proposed change to the council composition — studies that examined judicial effectiveness, responsiveness of judges to public opinion, and public perception of judges. Also provided are flowcharts of the selection processes for members of the Alaska Judicial Council and of judges of the Alaska Court System; a detailed table of judicial selection methods in U.S. states and the District of Columbia; and a bibliography.