The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Jefferson was the first to suggest an elective judiciary, basing
his opinion on a misconception of the usage in Connecticut.
There, he wrote, the judges had been chosen by the people every
six months for nearly two centuries, yet with few changes on the
bench, "so powerful is the curb of incessant
responsibility."[Footnote: Works, VII, 9, 12, 13, 35; letter of
July 12, 1816, regarding a new Constitution for Virginia.] In
fact, the Connecticut judges were chosen annually, and those not
holding judicial powers as an incident of political ones were
appointed by the legislature. The experiment of resorting to
popular election was first fully tried in Mississippi in 1832,
under the influence of Governor Henry T. Foote, but in later life
he expressed his regret at the course which he had taken, and the
belief that it had weakened the character of the bench.[Footnote:
"Casket of Reminiscenses," 348.]
The scheme of popular election may be pursued with reasonable
success if the bar use all the influence at their command to
secure both good nominations originally and the re-election of
all who have served well.[Footnote: It is not uncommon for local
bar associations after the party nominations for the bench have
been made to refer them to a committee, on the report of which
those deemed the best are commended for popular approval. In two
judicial districts in Iowa, the lawyers nominate judges for the
district in a convention of delegates from the bar, and then see
to it that the nominations are ratified by the party conventions.
Simon Fleischmann, "The Influence of the Bar in the Selection of
Judges," Report of 28th annual meeting of the New York State Bar
Association (1905).] A conspicuous instance of its success under
such conditions is shown by the repeated re-election of Judge
Joseph E. Gary of the criminal court of the city of Chicago.
Originally elected in 1863, when it was called the Recorder's
Court, he has been re-elected for successive terms of six years
without a break, and in 1903, when he was 82 years old and still
in active service on the bench, received well-merited addresses
of congratulation from the Chicago Law Institute and the Chicago
Bar Association. Judges of Probate, whose functions are largely
of a business character, and who are brought into close contact
with the people at first hand, are frequently re-elected for a
long period of years with little regard to their party
affiliations.[Footnote: In the Probate District of Hartford in
Connecticut there have been but two judges during the last forty
years, though the elections have been annual or biennial.]
Public-domain text, read in full here on John Shaqi.
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