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December 2013 Policy Study, Number 13-11


Judicial Nominating Commissions Should be Rejected:

"Merit-Selection" Process Is Poorly Conceived





[1] For more information on the various methods of judge selection, including the so-called “merit” or Missouri Plans, see Judicial Politics by Donald P. Racheter:  BRIEF #29, volume 19, October 2012 published by Public Interest Institute, accessed on 13 December 2013 at:

[2] Not to make things unduly complicated, but how does one assign merit to choosing between a Right-to-Life applicant and a Planned Parenthood applicant, or an active religious candidate and a non-believing candidate?

[3] Missouri Law Review, Volume 74, page 675.

[4] In fact, although the Task Force members seem unaware of this, this method of getting on the ballot is now available, but has never been utilized reflecting how really difficult it is.  To put this in perspective, this is twice the number of signatures required for ballot access for Governor or U.S. Senate candidates with statewide political organizations and million–dollar campaign war chests!

[5] Wayne Law Review, Volume 56, page 609.

[6]  < the+Courts+in+the+21st+Century%22&dq=inauthor:%22Michigan.+Commission+on+the+Courts+in+the+21st +Century%22&hl=en&sa=X&ei=5BymUsUEg_urAbLqgfgG&ved=0CDoQ6AEwAAm> accessed on 9 December 2013.




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