The Role of State Supreme Courts in the New Judicial Federalism

By Susan P. Fino | Go to book overview

over elected systems to the extent to which appointed systems provide the opportunity for an investigation of the philosophy of the candidates.


NOTES
1.
It should be noted that one researcher has found Polsby's indices of institutionalization of limited utility in assessing professionalism in two state legislatures. See: Chaffey Douglas C. 1970. The Institutionalization of State Legislatures: A Comparative Study. Western Political Quarterly, 23:180-96. However, even Chaffey concedes the importance of the concept.
2.
Selection by legislative election is problematic here because, while the justices are elected, they are elected by an elite body. I have chosen to treat legislative election as closest to partisan election.
3.
The statistical significance of the difference between the means was determined through T-tests. For both years, the difference was significant at better than 0.01.
4.
Some states have no legal requirement of formal legal training for judges, but it is virtually impossible for a non-lawyer to be chosen for anything but a position at the lowest rungs of the judicial hierarchy.
5.
For a detailed discussion of this phenomenon, see: Blalock Herbert M., Jr. 1972. Social Statistics, 2d ed. New York: McGraw-Hill, especially Chapter 15.
6.
New Jersey Supreme Court justices actually serve an initial seven-year term with reappointment, after the seventh year, to age 70.
7.
The figures listed in the following discussions are drawn from the results for the 1975 courts. These percentages are substantially unchanged for 1977.
8.
Canon 7B (1)(c) requires that: "A candidate, including an incumbent judge, for judicial office that is filled either by public election between competing candidates or on the basis of a merit system election should not make pledge or promises of conduct in office other than the faithful and impartial performance of the duties of office; announce his views on disputed legal or political issues; or misrepresent his identity, qualification, present position or other fact."

-64-

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The Role of State Supreme Courts in the New Judicial Federalism
Table of contents

Table of contents

  • Recent Titles in Contributions in Legal Studies ii
  • Title Page iii
  • Contents vii
  • Figures and Tables ix
  • Preface xi
  • 1. a Model of Supreme Court Performance 1
  • Notes 23
  • 2. Institutional Characteristics of State Supreme Courts 25
  • Notes 46
  • 3. the Justices 49
  • Notes 64
  • 4. the Work of Six Supreme Courts 65
  • Notes 85
  • 5. a Closer Look at Six Courts 87
  • Notes 109
  • 6. Conclusions 111
  • Note 118
  • Appendix 119
  • Bibliography 143
  • Index to Cases 147
  • Subject Index 149
  • About the Author 155
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