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OPINION
O'Connor's verdict: Merit works
(AP Photo/Janet Hostetter)
Retired Supreme Court Justice Sandra Day O'Connor speaks at the Hubert H. Humphrey Institute of Public Affairs in Minneapolis on May 2. At the luncheon, sponsored by Minnesotans for Impartial Courts, the League of Women Voters Minnesota and the Center for the Study of Politics and Governance, she addressed the importance of maintaining an impartial judiciary.
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SAT., MAY 10, 2008 - 2:51 PM
O'Connor's verdict: Merit works
A Wisconsin State Journal editorial
The first woman to serve on the U.S. Supreme Court came to Wisconsin this week with a judgment the state should heed:

There is a better way to select state supreme court justices than by conducting elections.

Sandra Day O 'Connor knows. She lives with a better way in her home state of Arizona. It 's called merit selection.

"I 'm so proud of how it 's worked there and the quality of the judges that we have, " O'Connor said in Milwaukee on Wednesday.

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Arizona is one of 24 states that since 1940 have adopted merit selection to choose the justices for their highest courts. Merit selection contrasts with the elections still used by Wisconsin and 20 other states. (In five states justices are appointed directly by the governor or legislature.)

Merit selection 's goal is to obtain the best qualified justices and to do so in an impartial manner.

Merit selection employs a nonpartisan committee to recruit and evaluate candidates. The committee submits a list of finalists to an appointing authority, such as the governor, who makes the selection from the list.

After an initial term, each justice 's performance is evaluated by the committee or by voters in an uncontested up-or-down election.

The states that have switched to merit selection have done so to escape the problems Wisconsin has experienced with its last two Supreme Court elections. Both were plagued by sordid campaigns in which well-financed outside interests spent millions of dollars on misleading ad campaigns to back their favorite candidate.

Each election left Wisconsin to wonder: Is the state getting the best, impartial justice? Or are partisan interests getting the most partial justice their money can buy?

O 'Connor, who retired from the U.S. Supreme Court in 2006, spoke in Milwaukee of the problems in electing justices and the benefits of merit selection.

She correctly highlighted the importance of judicial independence and accountability.

When elections become charged with politics and outside money, as Wisconsin 's have, they corrupt judicial independence.

Justices who are supposed to be accountable for impartially upholding the law become accountable to campaign backers instead. As a result, more questions arise about whether justices should recuse themselves from cases because of potential conflicts.

The public loses trust in impartial justice.

It 's time for Wisconsin to join Arizona as a state where merit prevails over politics on the Supreme Court.

Arizona's system earns high praise

Merit selection plans differ from state to state. No merit selection state is immune from criticism. But Arizona has been hailed in one law publication — the Fordham Urban Law Journal — for providing "a judicial selection process far more informative and generally superior to traditional elections."

Who sits on the merit selection committee?

The committee comprises 16 members, all appointed by the governor, subject to review and confirmation by the state senate, according to rules designed to ensure diversity and independence.

Five members are lawyers, and 10 are nonlawyers. The 16th is the chief justice of the state supreme court or a designated associate justice, who serves as chairman.

No more than three lawyer members and five nonlawyer members can belong to the same political party. No more than two lawyer members and two nonlawyer members can reside in the same county.

Members serve staggered four-year terms, making it more difficult for a single governor to pack the committee with appointees.

How does the committee choose the finalists?

The committee recruits candidates. Those who wish to apply fill out applications. The committee evaluates applicants on paper, and candidates with merit are interviewed.

The committee looks for candidates with the best experience and qualifications, including character and competency. Committee members are required to disclose any prior relationships to candidates.

Committee votes determine a list of finalists, which is submitted to the governor, who must make the appointment from the list.

Is any of the process open to the public?

Yes, most of it. Information on candidate applications is made public, with limited exceptions. The public is invited to submit comments on candidates to the committee. The committee is also expected to seek out comments.

Committee meetings are public, including the interviews of applicants. However, the committee's discussions of candidates' merits are private. The list of finalists submitted to the governor is public.


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