Electing to Trust: An Exploration of the Relationship between Public Opinion and Localized Processes on Judicial Selection
DOI:
https://doi.org/10.15763/issn.2374-7781.2012.33.0.51-72Abstract
Public trust in government depends largely on the belief that institutions are fair and respond to the will of the governed. We expand on past research on the relationship between public opinion and state courts by studying how selection methods for both state and local courts influence popular attitudes about the judicial branch. Employing individual-level survey data on the responsiveness and fairness of state supreme courts and local trial courts, we find that respondents in states using elections to choose judges for state courts believe the judicial system is fairer. Further, the use of non-partisan elections for local trial courts has a positive effect on public evaluations of judicial fairness. However, views on judicial responsiveness are unaffected by means of selection at either the state or local level. Thus, nonpartisan or even partisan judicial elections do not have a negative effect on our measures of trust; indeed, when elections do have an effect, it is a positive one.References
American Bar Association. 2000. Standards on State Judicial Selection: Report of the Commission on State Judicial Selection Standards. Internet; available from http://www.abanet.org/judind/downloads/reformat.pdf.
Aspin, Larry. 2007. Judicial Election Retention Trends: 1964-2006. Judicature 90:208-213.
Benesh, Sara C., and Susan E. Howell. 2001. Confidence in the Courts: A Comparison of Users and Non-users. Behavioral Sciences and the Law 19:199-214. http://dx.doi.org/10.1002/bsl.437
Benesh, Sara C. 2006. Understanding Public Confidence in American Courts. Journal of Politics 68:697-707.Corporate Crime Reporter. 2004. Public Corruption in the United States. Internet; available from http://www.corporatecrimereporter.com/corruptreport.pdf. http://dx.doi.org/10.1111/j.1468-2508.2006.00455.x
Bonneau, Chris W., and Melinda Gann Hall. 2009. In Defense of Judicial Elections. New York: Routledge.
Bonneau, Chris W. 2007. The Effects of Campaign Spending in State Supreme Court Elections. Political Research Quarterly 60:489-499. http://dx.doi.org/10.1177/1065912907305680
Brace, Paul, and Brent D. Boyea. 2008. State Public Opinion, the Death Penalty, and the Practice of Electing Judges. American Journal of Political Science 52:360-372. http://dx.doi.org/10.1111/j.1540-5907.2008.00317.x
Caldeira, Gregory A., and James L. Gibson. 1992. The Etiology of Public Support for the Supreme Court. American Journal of Political Science 36:635-664. http://dx.doi.org/10.2307/2111585
Caldeira, Gregory A. and Kevin T. McGuire. 2005. What Americans Know About The Courts and Why It Matters. In The Judicial Branch, eds. Kermit L. Hall and Kevin T. McGuire. New York: Oxford University Press.
Cann, Damon M., and Jeff Yates. 2008. Homegrown Institutional Legitimacy: Assessing Citizens' Diffuse Support for State Court. American Politics Research 36:297-329. http://dx.doi.org/10.1177/1532673X07308737
Dave, Monica. 2011. Wisconsin Election is Referendum on Governor, New York Times, 4 April 2011; http://www.nytimes.com/2011/04/05/us/politics/05wisconsin.html.
Dougherty, George W., Stefanie A. Lindquist, and Mark D. Bradbury. 2006. Evaluating Performance in State Judicial Institutions: Trust and Confidence in the Georgia Judiciary. State and Local Government Review 38:176-190. http://dx.doi.org/10.1177/0160323X0603800305
Gibson, James L. 1989. Understandings of Justice: Institutional Legitimacy, Procedural Justice, and Political Tolerance. Law & Society Review 23:469-496. http://dx.doi.org/10.2307/3053830
Gibson, James L. 2009. Judging the Politics of Judging: Are Politicians in Robes Inevitably Illegitimate? Paper presented at the What's Law Got To Do With It? Conference, Indiana University School of Law. Bloomington, IN, March 27-29.
Gibson, James L., Jeffrey A. Gottfried, Michael X. Delli Carpini, and Kathleen Hall Jamieson. 2008. The Effects of Judicial Campaign Activity on the Legitimacy of Courts: A Survey-Based Experiment, Pennsylvania, 2007. Paper presented at the 2008 Annual Meeting of the American Political Science Association. Boston, MA, August 28-31.
Gibson, James L., and Gregory A. Caldeira. 2009. Knowing the Supreme Court? A Reconsideration of Public Ignorance of the High Court. Journal of Politics 71:429-441. http://dx.doi.org/10.1017/S0022381609090379
Hall, Melinda. 2007. Competition as Accountability in State Supreme Court Elections. In Running for Judge, ed. Matthew Streb. New York: New York University Press.
Hibbing, John R., and Elizabeth Theiss-Morse. 1995. Congress as Public Enemy: Public Attitudes toward American Political Institutions. New York: Cambridge University Press. http://dx.doi.org/10.1017/CBO9781139174466
Hibbing, John R., and Elizabeth Theiss-Morse. 2001. Process Preferences and American Politics: What the People Want Government to Be. American Political Science Review 95:145-153.
Hoekstra, Valerie J. 2000. The Supreme Court and Local Public Opinion. American Political Science Review 94:89-100. http://dx.doi.org/10.2307/2586382
Hoekstra, Valerie J. 2003. Public Reaction to Supreme Court Decisions. New York: Cambridge University Press. http://dx.doi.org/10.1017/CBO9780511509827
Hojnacki, Marie, and Lawrence Baum. 1992. New Style' Judicial Campaigns and the Voters: Economic Issues and Union Members in Ohio. Western Political Quarterly 45:921-948. http://dx.doi.org/10.1177/106591299204500407 http://dx.doi.org/10.2307/448818
Jackman, Simon. 2008. Measurement. Pp. 119-151 in The Oxford Handbook of Political Methodology, eds. Janet M. Box-Steffensmeier, Henry E. Brady, and David Collier. Oxford: Oxford University Press. http://dx.doi.org/10.1093/oxfordhb/9780199286546.003.0006
Jamieson, Kathleen Hall, and Bruce W. Hardy. 2008 Will Ignorance and Partisan Election of Judges Undermine Public Trust in the Judiciary? Daedalus 137:111-115. http://dx.doi.org/10.1162/daed.2008.137.4.11
Kelleher, Christine A., and Jennifer Wolak. 2007. Explaining Public Confidence in the Branches of State Government. Political Research Quarterly 60:707-721. http://dx.doi.org/10.1177/1065912907304496
Klein, David, and Lawerence Baum. 2001. Ballot Information and Voting Decisions in Judicial Elections. Political Research Quarterly 54:709-728. http://dx.doi.org/10.2307/449231 http://dx.doi.org/10.1177/106591290105400402
Levinson, Sanford V. 1979. The Constitution in American Civil Religion. Supreme Court Review: 123-151. http://dx.doi.org/10.1086/scr.1979.3109568
Lovrich, Nicholas and Charles Sheldon. 1983. Voters in Contested, Nonpartisan Judicial Elections: A Responsible Electorate or a Problematic Public? Western Political Quarterly 36:241-256. http://dx.doi.org/10.1177/106591298303600206 http://dx.doi.org/10.2307/448241
Rottman, David B., Randall Hansen, Nicole Mott, and Lynn Grimes. 2003. Public Opinion on the Courts in the United States. [Computer file]. Williamsburg, VA: National Center for State Courts [producer], 2003. Ann Arbor, MI: Inter-university Consortium for Political and Social Research [distributor], 2006.
Scheb II, John M., and William Lyons. 2001. Judicial Behavior and Public Opinion: Popular Expectations Regarding the Factors That Influence Supreme Court Decisions. Political Behavior 23:181-194. http://dx.doi.org/10.1023/A:1013037915485
Segal, Jefferey A., Harold J. Spaeth and Sara C. Benesh. 2005. The Supreme Court in the American Legal System. New York: Cambridge University Press. http://dx.doi.org/10.1017/CBO9780511614705
Tyler, Tom R., Jonathan D. Casper, and Bonnie Fisher. 1989. Maintaining Allegiance Toward Political Authorities: The Role of Prior Attitudes and the Use of Fair Procedures. American Journal of Political Science 33:629-652. http://dx.doi.org/10.2307/2111066
Tyler, Tom R., and Kenneth Rasinski. 1991. Procedural Justice, Institutional Legitimacy, and the Acceptance of Unpopular U.S. Supreme Court Decisions: A Reply to Gibson. Law and Society Review 25:621-630. http://dx.doi.org/10.2307/3053729
Wenzel, James P., Shaun Bowler, and David J. Lanoue. 2003. The Sources of Public Confidence in State Courts. American Politics Research 31:191-211. http://dx.doi.org/10.1177/1532673X02250295
Downloads
Published
Issue
Section
License
Authors who publish with American Review of Politics agree to the following terms:
The Author retains copyright in the Work, where the term “Work” shall include all digital objects that may result in subsequent electronic publication or distribution.
Upon acceptance of the Work, the author shall grant to the Publisher the right of first publication of the Work.
The Author shall grant to the Publisher and its agents the nonexclusive perpetual right and license to publish, archive, and make accessible the Work in whole or in part in all forms of media now or hereafter known under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License or its equivalent, which, for the avoidance of doubt, allows others to copy, distribute, and transmit the Work under the following conditions:
Attribution: other users must attribute the Work in the manner specified by the author as indicated on the journal Web site;
Non-Commercial: the materials may not be used for commercial purposes;
Share Alike: If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.
with the understanding that the above condition can be waived with permission from the Author and that where the Work or any of its elements is in the public domain under applicable law, that status is in no way affected by the license.
The Author is able to enter into separate, additional contractual arrangements for the nonexclusive distribution of the journal's published version of the Work (e.g., post it to an institutional repository or publish it in a book), as long as there is provided in the document an acknowledgement of its initial publication in this journal.
Authors are permitted and encouraged to post online a pre-publication manuscript (but not the Publisher’s final formatted PDF version of the Work) in institutional repositories or on their Websites prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (see The Effect of Open Access). Any such posting made before acceptance and publication of the Work shall be updated upon publication to include a reference to the Publisher-assigned DOI (Digital Object Identifier) and a link to the online abstract for the final published Work in the Journal.
Upon Publisher’s request, the Author agrees to furnish promptly to Publisher, at the Author’s own expense, written evidence of the permissions, licenses, and consents for use of third-party material included within the Work, except as determined by Publisher to be covered by the principles of Fair Use.
The Author represents and warrants that:
the Work is the Author’s original work;
the Author has not transferred, and will not transfer, exclusive rights in the Work to any third party;
the Work is not pending review or under consideration by another publisher;
the Work has not previously been published;
the Work contains no misrepresentation or infringement of the Work or property of other authors or third parties; and
the Work contains no libel, invasion of privacy, or other unlawful matter.
The Author agrees to indemnify and hold Publisher harmless from Author’s breach of the representations and warranties contained in Paragraph 6 above, as well as any claim or proceeding relating to Publisher’s use and publication of any content contained in the Work, including third-party content.