The History of Everything! Judicial Selection in Ohio

Posted in Judges on Friday May 16 2008 @ 9:11am

Following Charles Gibson (in talking head form) at yesterday's forum was UC Law professor Michael Solimine (live and in person!).

Solimine has read and given more thought to the Ohio constitutional conventions than most people, claiming "It's not as boring as it sounds!" (To the assembly of wonks, it probably did not sound boring at all!)

He is the author of The False Promise of Judicial Elections in Ohio, Capital University Law Review (2001). This article and his presentation outline the history of judicial selection in Ohio.

In the beginning...the legislature appointed judges. In our opinion, this is the worst of all possible methods! But we weren't around then, so nobody asked us. By 1851, though, the Ohio constitutional convention switched to elected judges.

Reasons for the switch are unclear, even to Solimine. He guesses that it was a cultural shift influenced by Jacksonian populism. The convention minutes cover procedure, logistics, but no clues as to why. (Our view: because it makes sense, particularly at the time. The court system was more developed by that point, people had a greater understanding of what it meant to live in a democracy, and there were no televisions.)

At the 1912 constitutional convention it was decided that elections should be nonpartisan.

Thus, Ohio's system of judicial selection was created. And not too many people today are saying "and it was good." Rather, they're saying, "hunh?" In fact, most people don't know who they're electing, give odd reasons (gender, name recognition, etc.) for their choice, or just stay home. Voters are outrageously uninformed about judicial candidates. Most (50-75%) judges run unopposed. See Lawrence Baum, Judicial Elections and Judicial Independence: The Voter's Perspective, Ohio State Law Journal (2003).

In Solimine's mind, this system amounts to an election "in name only." If the goal is to get good judges, elections miss the mark. The best system, thinks Solimine, is merit selection (aka the Missouri Plan).

Next: Common Cause Ohio follows the money!

Permalink to this post.
Add a comment...