Influencing the Selection of Judges: The Variety and Effectiveness of State Bar Activities

Canon Eight of the ABA's Code of Professional Responsibility urges the bar to assist in improving the legal system by participating in the selection of qualified judges at the state level. This article reports the variety of activities and methods used, and the perceptions of leading state bar officials regarding the effectiveness of their endeavors. The most widely used activity is judicial rating polls by bar membership made public prior to an election. Participation in nominating commissions, investigation and recommendation by a special selection committee, endorsement by the Boards of Governors, and rating polls of candidates by bar membership transmitted to the appointing authorities constitute the roster of formal methods. Six states have no official activities designed to influence judicial recruitment. Contrary to previous reports, the influence of the bar varies from the least impact on gubernatorial appointments, to an increasing influence over nonpartisan elections, legislative selection, and partisan elections; its greatest impact is on Merit Plan systems.