Beyond Merit Selection

This Article reviews some of the factors that have diminished the appeal of merit selection for judges. It examines why merit selection has never been an entirely successful answer for reformers looking for nonpartisan solutions. It advocates addressing other aspects of the judicial office to promote judicial independence. It concludes by suggesting that there be an educational credential for becoming a judge.

Such a solution, it is argued, would offer legitimacy to judicial aspirants and would provide independent, accountable, impartial, and well-trained judges regardless of selection method.