ABA Family Legal Guide

How the Legal System Works

The Structure of the Court System

Judges

Which method is preferable?

Supporters of the electoral method believe that elected judges are more likely to be responsive to the needs of the everyday citizen, while critics argue that the appointment method gives judges the distance from politics that is necessary to ensure impartiality. Another advantage of the appointment process is that it does not require judges to raise money from lawyers or others, or to state public positions on controversial matters. The argument has been advanced that appointed judges are more likely to be unbiased and impartial, since their decisions will not be influenced by their need to stand for election in the future. In some states, judges are initially appointed, but then must win periodic retention elections in which voters simply vote yes or no to retain that particular judge.